Fleming

The defendant was convicted of an assault with intent to commit rape, and now appeals from the judgment and order denying his motion for a new trial. The prosecuting witness was a servant girl of the age of twenty-four years, doing the housework for defendant and his family.

The errors of law relied upon by counsel for a reversal of the judgment are not well taken, and the only question remaining is, whether or not the evidence is sufficient to support the verdict of the jury. The events which occurred at the time the alleged assault was committed, as depicted by the prosecuting witness and the defendant, are directly contradictory in all essentials, and under those circumstances the finding of the jury to the extent that it involved the veracity of these two parties will not be disturbed. The testimony, as disclosed by the record upon all salient matters pertaining to the commission of the offense, consists of the evidence of the prosecuting witness alone; still, if her evidence was sufficient to prove the crime, and the jury gave credence to it, the verdict should be upheld. (People v. Mayes, 66 Cal. 597 ; 56 Am. Rep. 126 .) After a careful examination of the evidence of the…