People v. Johnson

The defendant was charged in the information of the crime of an assault with intent to commit rape, and upon (trial was convicted. He appeals from the judgment and order denying his motion for a new trial.

1. It is contended that the evidence fails to show that defendant made the assault with the intent to commit rape, but that his intention was to gratify an unnatural desire, which is not a crime under the statute. The evidence shows that the .defendant enticed two little girls (one aged twelve years, the age of the other not appearing in the record) into his room, unbuttoned the clothes of the twelve year old girl, put her on the bed, unbuttoned his own clothes, and exposed his private parts, and touched and fondled the private parts of the little girl in a manner too shocking and disgusting to be repeated in an opinion of this court. The child upon whom the defendant performed in the unnatural and disgusting manner before stated testified that defendant did not try to enter or touch her person with his private parts but could have done so. That he wanted to have intercourse with her but did not. The other little girl testified to substantially the same thing, and in addition…