State v. Robinson

Defendant was charged by the prosecuting attorney of King county by information which contained two counts, one of rape and the other of assault in the second degree. Trial to a jury resulted in a verdict of not guilty of the crime of rape and guilty of the crime of assault in the second degree. Motion for new trial was presented but not passed upon by the trial court, except that he wrote on the bottom of an order to deny presented by the state, “refused by the Court.”

The assignments relate to the refusal on the part of the trial court to strike the charge relating to second-degree assault;…