People v. Novo

The defendant was charged in two separate counts of an information, first, with burglary committed by entering a dwelling house in the nighttinie with the intent to commit a felony, to wit, rape, and, seeonjl, with an assault upon a female person who was not his wife, by means of force, violence and the use of a deadly weapon, to accomplish sexual intercourse with her. The jury returned a verdict on the first count of burglary of the second degree. On the second count the defendant was found guilty of a simple assault. The defendant’s motion for a new trial was denied. Upon application…