People v. Green

VALLÉE, J.

By information defendant was charged with burglary and with assault with intent to commit rape. The offenses were alleged to have been committed on March 15, 1959. A jury found defendant guilty of both offenses. His grounds for reversal are that the court erred in refusing to give two instructions he requested and in refusing his request to reopen the ease or, in the alternative, in refusing to grant his motion for a new trial on the ground of newly discovered evidence.

Pearl Morgan, who was not the wife of defendant, testified: On March 15, 1959, she was living alone in room 312 at…