106 Cal. 286 | Cal. | 1895
The appellant was charged with the offense of an assault with intent to commit murder, and was convicted of an assault with a deadly weapon. He appeals from the judgment and order denying his motion for a new trial.
1. The defendant shot the prosecuting witness with a pistol, the party shot having an axe in his hand at the time. The trouble between these parties was occasioned by the erection of a fence by the defendant upon the land of his tenant, the other party. Both men were angry and excited at the time of the shooting, and the defendant at the trial justified under the plea of self-defense. The party assaulted claims that he had no intention of using the axe to injure the defendant, but secured it and had it in his possession for the purpose of cutting down the fence. After a perusal of the evidence we believe it to be a close case upon the plea of self-defense; yet, as a jury found against the defendant upon this plea, and as the court subsequently held the evidence sufficient to support the verdict in this regard, we do not feel justified in disturbing the verdict for lack of evidence.
3. Upon an examination of the record we find the law bearing upon the charge stated in the information fully and properly given to the jury, and there appears to be nothing demanding a new trial of the case.
For the foregoing reasons it is ordered that the judgment and order be affirmed.
Harrison, J., and Van Fleet, J., concurred.