People v. Egan

Appellant was charged by information with having committed an assault with intent to commit rape. At the conclusion of the evidence the court withdrew from the consideration of the jury the higher grade of crime charged and restricted the issue to “simple” assault by submitting to the jury but two forms of verdict, one reading: “Guilty of Misdemeanor, to-wit: simple assault”; and the other: “Not guilty.” The jury agreed upon and returned the former, and appellant was sentenced to imprisonment in the county jail, and thereafter took this appeal from the judgment of conviction.

Briefly stated,…