Luna v. People

Opinion by

Mr. Justice Day.

We will refer to the plaintiff in error by name. Luna was charged in separate counts in an information with the crimes of burglary, assault with a deadly weapon, assault to rape, and assault to murder. A trial was had to a jury. Luna was identified by the complaining witness as the person who gained admittance to her home and who viciously beat her with an electric iron. The theory of the defense was that it was not Luna who committed the crime and that he had been mistakenly identi fied by the victim of the attack. Luna attempted, through his own testimony and that…