Summary
In People v. Estrada, 53 Cal. 600, it was held that in an indictment for assault with intent to commit rape it was not necessary to allege that the person assaulted was not the wife of defendant; that the question of intent with which the assault was committed is a question of fact and if there is evidence tending to prove the intent was as alleged in the indictment, the verdict will not be set aside on the ground the evidence is insufficient to sustain it.
Summary of this case from People v. BlankenshipOpinion
Appeal from the County Court of Los Angeles County.
The defendant was convicted of an assault with intent to commit rape, and he appealed.
COUNSEL:
T. P. Ramirez, W. W. Robinson, Frank Ganahl, and C. E. Thom, for Appellant.
Attorney-General Hamilton, for Respondent.
OPINION
THE COURT
The defendant was indicted for an assault with an intent to commit rape. The indictment is in the usual form. It is not necessary to allege that the person who is alleged to have been assaulted was not the wife of the defendant. The question as to the intent with which the assault was committed is a question of fact; and if there was evidence tending to prove that the intent was as alleged in the indictment, the verdict will not be set aside on the ground that the evidence is insufficient to sustain the verdict. Evidence was given clearly tending to prove the intent as alleged.
Judgment and order affirmed.