People v. Kindleberger

The defendant was found guilty of the crime of assault with intent to commit rape, and was sentenced by the judgment of the superior court to imprisonment in the state prison for a term of seven years. The appeal here is from the judgment, and is brought to this court upon the judgment-roll alone, without any bill of exceptions. The jury retired to deliberate upon their verdict at nine o’clock in the evening, and, not having agreed, the jurors, upon their own request, were brought into court at ten o’cclock in the forenoon of the next day, when the following proceedings took place:

“ The…