People v. McGaughran

Defendant was found guilty by a jury of, count 1, violation of section 220, Penal Code, assault with intent to commit rape on a female under the age of 18 years, and count 2, violation of section 664, attempted rape of a female under 18 years of age. On motion of the district attorney the court dismissed count l. Defendant appeals from his conviction of count 2 and denial of his motion for new trial.

Questions Presented

1. Should the court have instructed the jury to fix the place of imprisonment?

2. Sufficiency of evidence: (a) Testimony of prosecutrix, (b) Evidence of intent to commit rape.

3.…