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PEOPLE v. NYE

Docket No. Crim. 5253.

38 Cal.2d 34 (1951)

237 P.2d 1

THE PEOPLE, Respondent, v. FREDERICK LEO NYE, Appellant.

Supreme Court of California. In Bank.

November 13, 1951.

Attorney(s) appearing for the Case

Gladys Towles Root and Herbert Grossman for Appellant.

Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent.

TRAYNOR, J.

Defendant appeals from a judgment entered on a jury verdict finding him guilty on two counts of assault with intent to commit rape and from the order denying his motion for a new trial. The sentences for the two offenses run concurrently.

The conviction on the first count is for an assault with intent to commit rape on Miss W. on May 7, 1950, in Burbank. Defendant entered Miss W.'s house-trailer early in the morning. When she awakened and asked...

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