Porter

The defendant was convicted of an assault with intent to commit rape, the prosecutrix being of the age of eleven years. .The appeal is from the judgment and an order denying the motion for a new trial.

The first claim made by appellant is that the evidence is insufficient to support the verdict of the jury. With this contention we cannot agree. The mother of the prosecutrix conducted a rooming-house in the city of Marysville, wherein she resided with her four children. About the 9th of May, 1919, the defendant became a roomer therein and remained continuously for a short time and afterward was there at irregular intervals for a night or two. On the 20th of August, about 8 o’clock in the morning, he -returned to the lodging-house for the purpose of getting some laundry that he had left there. He met and talked with the mother who, in addition to her duties in connection with the lodging-house, was also working in the Marysville Steam Laundry. He asked ,to see the children, and particularly Elsie, the eldest one. The mother said the children Avere in bed and he could not see them then, but must wait until some other time. He insisted upon seeing Elsie, the eldest child, Tint upon…