People v. Nye

Defendant appeals from a judgment entered on a jury verdict finding him guilty on two counts of assault with intent to commit rape and from the order denying his motion for a new trial. The sentences for the two offenses run concurrently. •

The conviction on the first count is for an assault with intent to commit rape on Miss W. on May 7,1950, in Burbank. Defendant entered Miss W.’s house-trailer early in the morning. When she awakened and asked what he wanted, defendant tore.off the bed covers and ripped her nightgown down to her knees. He grasped her throat and threatened to kill her if she…