THE COURT.
On March 2, 1960, a jury trying defendant for rape found him guilty of the included offense of assault with intent to commit rape. During the trial a prior conviction of violation of section 245 of the Penal Code was charged. The defendant in pleading to this charge said, "I admit that I pleaded guilty to 245 ... I deny that it is a felony." After motions for a new trial and probation were denied he was sentenced to the state prison for the term prescribed...
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