Kindleberger

The defendant was found guilty of the crime of assault with intent to commit rape, and was sentenced by the judgment of the superior court to imprisonment in the state prison for a term of seven years. The appeal here is from the judgment, and is brought to this court upon the judgment-roll alone, without any bill of exceptions. The jury retired to deliberate upon their verdict at nine o’clock in the evening, and, not having agreed, the jurors, upon their own request, were brought into court at ten o’cclock in the forenoon of the next day, when the following proceedings took place:

In thus addressing the jury the learned judge of the superior court committed an error, to the prejudice of the defendant. Nothing can be clearer than that in this charge the. judge informed the jury that he had a fixed and definite conviction in regard to the verdict which they ought to return, and that in his opinion the evidence to support such conclusion was so plain and *369 satisfactory that honest and intelligent jurors who had heard the testimony ought not to disagree as to its weight and effect, and we think the jury understood, or at least may have understood, from these unguarded remarks…