People v. De Soto

Defendant was convicted by a jury of the crimes of burglary in the first degree, and attempted rape. He appeals from the judgment of conviction and from the order defying a new trial.

Briefly the facts as gathered from the transcript show that about 3 o’clock on a Sunday morning in December of last year, the defendant entered a two-story dwelling house located at 524 East Miner Avenue in the city of Stockton, where the complaining witness was asleep. She was awakened by the entry of defendant in her room, and at first thought it was a roomer who occupied an adjoining room in the house.…