People v. Thomas

COUGHLIN, J. pro tem. *

The defendant was charged with the violation of section 261 of the Penal Code, i.e., attempt to commit rape; was tried by a jury and found guilty; a motion for a new trial was made and denied; judgment of imprisonment in the state prison ensued; and he takes this appeal from the judgment and “from the denial of the motion for new trial. ’ ’

On the night of June 10, 1957, at about 11:30 o’clock, the defendant and a companion named Howard, while driving home from a restaurant, stopped at an automobile parked near the corner of Broadway and 14th Street in the city of…