People v. Schmidt

Appellant was accused of two crimes, to wit: count 1, assault upon the person of one Mrs. Jane Bryan by choking her with his hands and by striking and beating her neck and head with his fists, all with such force as was likely to, and did, produce the great bodily injury of that lady (Pen. Code, § 245); count 2, assault upon Mrs. Bryan with intent then and there to commit rape by force and violence (Pen. Code, § 220). The court directed an acquittal on count 2, but under appropriate instructions the jury convicted appellant of the crime of assault by means of force likely to produce great…