People v. Chavez

The Court.

The defendant was convicted of the crime of rape upon Rebecca A. Foss, a widow, aged fifty-seven years. He appeals from the judgment and from an order denying his motion for a new trial.

The court refused to give the jury an instruction, at the request of the defendant, to the effect that under the information charging the crime of rape the defendant might be convicted of an assault with intent to commit rape. The ruling of the court in this regard rested upon its opinion that there was no evidence to support an instruction of that character. This is the only assignment of error…