Holzhauer

This is an appeal from an order denying a motion for a new trial. The respondent has made a motion to dismiss the appeal upon the ground that it presents no meritorious question.

In an information filed in Los Angeles County on July 12, 1962, defendant was charged with a violation of section 220, Penal Code (an assault upon a named female, under the age of 18 years, with the intent to have an act of sexual intercourse with said female by means of force or fear). It was further charged that the defendant previously had been convicted of a felony in California. Defendant pleaded not guilty and before the time of the trial admitted the charged prior conviction. The jury returned a verdict of guilty as charged in the information. A motion for a new trial was denied. Two psychiatrists were appointed by the court under the provisions of section 5504, Welfare and Institutions Code. The first of the doctors reported that “this prisoner belongs in the category of a sexual psychopath and is a menace to the health and safety of others.” The second of the doctors reported that “the examiner believes that the defendant’s actions, his degradation from a long constant drinking habit, have built…