SUPREME COURT OF THE CANAL ZONE.

THE facts appear in the opinion.
J. M. Keedy, Prosecuting Attorney. No appearance for appellant.
LORIN C. COLLINS, J. This was an appeal by the defendant from the findings and judgment of the Circuit Court of the Second Judicial Circuit, the Hon. H. A. Gudger, judge presiding.
An information was filed by the Government against the defendant, charging him in the first count with having committed an assault; and in the second count with an assault with intent to commit rape.
The defendant was duly tried, found guilty on the first count and sentenced to imprisonment in the common jail of the Canal Zone for and during the term of six months. The defendant having prayed an appeal brings his case to this court for review.
On the hearing, the Government by the Hon. J. M. Keedy, Prosecuting Attorney, moved to dismiss the appeal for the reasons that the record shows no exceptions were taken to the rulings of the Court on the admission or rejection of evidence; shows no assignment of errors; and raises no question of law.
The Court has examined the record and finds there is evidence to sustain the conviction, and as every point urged by the Government for dismissal is also sustained by the record, the motion to dismiss is sustained.
It is therefore ordered that said appeal be and is hereby (ismissed and that a procedendo do issue to the court below.
CHIEF JUSTICE MUTIS concurs.
Affirmed.
ACHURRA versus OLIVARES.
No. 10. Argued January 10. 1906.-Decided February 8, 1906.
CANCELLATION OF CONTRACT. RETURN OF SPECIFIC PROPERTY. Where the plaintiff prayed for the return of the specific property sold, in a suit for rescission of the contract of sale, a judgment for the value of the

j an. TermI,

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