Davis

Defendant was charged by an information filed in the Superior Court in the County of Riverside with five counts of felony. They are Count I: kidnapping Homer Lee Robertson [with bodily harm inflicted]; Count II: assault with intent to commit murder on Homer Lee Robertson; Count III: abduction of Mary Robertson; Count IV; rape of Mary Robertson; Count V: rape of Mary Robertson. Defendant was also charged with two prior separate felony convictions (1944 and 1946) which he admitted to be true. Upon the suggestion of defense counsel defendant’s then sanity was tried and defendant found sane. The defense of not guilty by reason of insanity was not interposed. On defendant’s plea of not guilty a trial before a jury was started on November 24, 1958, but a mistrial was ordered because of a juror’s misconduct. On December 1, 1958, trial before a jury was again started and on December 8, 1958, the jury returned verdicts of guilty on the charges contained in Counts II, IV and V, and not guilty on Counts I and III. A motion for a new trial was made but later withdrawn by the defendant. The matter was referred to the probation officer, the probation officer’s report was had, probation was…