People v. Salais

ADAMS, P. J. In' an information filed in Stanislaus County appellant was charged with an assault with intent to commit rape, upon the person of Mary Gorman. A verdict of guilty was returned by the jury, a motion for a new trial was denied, and from the court’s judgment and order denying a new trial defendant has appealed on the sole ground that the evidence is insufficient to support the judgment.

Mrs. Gorman was employed in Modesto and lived in a trailer on the property of John Daggs. Defendant lived in a cabin about 120 yards from Mrs. Gorman’s trailer. The parties had known one another for two years.

Mrs. Gorman testified that late in the night of May 16, 1948, she returned from work and was preparing to retire when she heard one of her pet kittens crying. She left the trailer to find the kitten, and with the aid of a flashlight located it under the trailer. As she stooped to pick it up Salais seized her about the throat, and, choking her, dragged her around behind the trailer, and finally struck her on the head, whereupon she lost consciousness. When she recovered her senses her clothes were over her head, her underclothes were torn off, and they and the flashlight were lying near her. She heard someone calling and Mr. Daggs appeared on the scene.

Mr. Daggs testified that on the night of the assault, when he had just returned from a dance, he heard someone calling for help; that he seized his flashlight from his car and ran to Mrs. Gorman’s trailer; that he saw defendant on top of Mrs. Gorman, but as he threw his flashlight on the scene defendant ran and jumped over a fence; that Mrs. Gorman was staggering, with blood running out of her mouth, and her clothes torn and dirty; that he took her to his house and then contacted the sheriff’s office.

Mr. Hawley, a deputy sheriff, who responded to the call, testified that he saw Mrs. Gorman, that she had blood on her mouth and marks on her throat, that there were foxtails and weeds in her hair and on her clothes, and she was in a hysterical condition. He then went to Salais’ house and found him in bed. He asked defendant to come with him, and when he dressed saw blood on his underwear. He took defendant to Mrs. Gorman who identified him. He then took Mrs. Gorman to the hospital.

Dr. Clague testified that Mrs. Gorman was brought to the county hospital about 3 a. m.; that he examined her and found a swollen lip, bruises on her throat, and dirt and minor abra[535]