Woltz

This is an appeal by the defendant from a judgment of conviction of assault with intent to commit rape and from an order denying a motion for a new trial. Respondent has made a motion to dismiss the appeal upon the ground that it presents no meritorious question.

In an information filed in Santa Barbara County the defendant was charged with the crime of rape by force and violence and against the will of his named victim. It also was charged that defendant previously had been convicted of robbery in Ohio and had served a term in a state prison therefor and that he had been convicted of possessing firearms in California (as an ex-felon) and with writing fictitious checks, and further that he had served a term in prison therefor. The *341 defendant pleaded not guilty and prior to the time of trial admitted the prior convictions as charged. A jury trial was had and defendant was found guilty of the lesser included offense of assault with intent to commit rape. An appeal was taken to this court.

Appellant made an application to this court for the appointment of counsel. Following the then procedure we referred the matter to the Committee on Criminal Appeals of the Los Angeles Bar…