Kuches

Defendant was convicted of the crime of assault with intent to commit rape. It is claimed that the evidence was insufficient to sustain the verdict. Defendant kept a confectionery shop which fronted immediately on one of the principal streets in the city of Sacramento. About twenty feet from the street entrance of the shop, and separated from the saleroom by a glass partition covered by a lace curtain, was a small back room furnished with tables and chairs; there was an open doorway through such partition at the corner of the saleroom into this smaller apartment, and some shelves were ranged in front of the partition. The female alleged to have been assaulted *568 was a girl over fourteen but less than fifteen years of age, and, it seems, of rather small stature. According to her testimony, she went into defendant’s shop shortly after 12 M. of the day in question intending to buy candy; he seized her by the hand and pulled her into the said smaller room and made her sit on a chair and sat down himself in front of her; he then exposed his genitals and lifted her clothes and was in the act of taking down her drawers when one Healy entered the shop; as soon as defendant heard Healy’s…