People v. Wilson (119 Cal. 384, 1897)

HAYNES, C.

Appellant was convicted of an assault upon one George Ryan with intent to commit the infamous crime against nature, and was sentenced to imprisonment in the state prison at Folsom for the term of live years. Defendant in due time moved for a new trial, his motion was denied, and hence this appeal.

The only point made for reversal is that the evidence is insufficient to justify the verdict.

Only two witnesses were examined, namely, the prosecuting witness and the defendant. Both were at the time of the alleged offense inmates of the county jail of the county of Merced and occupied the same cell and the same bed. The prosecuting witness, in substance, testified that the defendant solicited his consent to the act, which was refused; that defendant said: “I won’t make you do it; I never make any boy do it if he don’t want to”; that the next night he again refused the solicitations of defendant, whereupon the defendant "grabbed hold” of him and tried to roll him over, that he resisted and made some noise, and the defendant desisted; that defendant did nothing after that. Hpon cross-examination he repeated the statement of the act constituting the assault, and added: 'Tie was trying to force me that night—he tried to force me by coaxing and everything.