This is an indictment for an assault with intent to rob a Chinaman named Hong Koy, on the 26th of March, 1866, against the same party convicted of robbery in the case of People v. Jones, 31 Cal. 565.
In this case, we think the law necessary to the information of the jury fairly stated to them by the Court in its general charge, and in the instructions given at the request of defendant’s counsel.
The witnesses were generally the same as those examined in the other case, and much of the testimony was of a similar character. In this case, the confessions of the prisoner were very particular. He stated that Hong Koy was in the habit, on Monday morning, of going down a certain road on his way to Sacramento to sell his gold dust; that he and one McCrea, indicted with him, knowing Hong Koy’s habit, lay in wait for, and assaulted him for the purpose of robbing him of his gold dust, but that owing to the blunder of McCrea in seizing hold of the Chinaman instead of the horse, they failed in the attempt; that Hong Koy rode a gray horse; that his gold dust was in a bag fastened to the saddle; that McCrea, instead of seizing the horse, as he should have done, seized the China-man on the side opposite the one where the gold was, and pulled him off, and the horse ran away with the gold—about one thousand one hundred dollars—and they only got what little change he had on his person, and that the Chinaman afterwards ran after the horse. McCrea denied his blunder, and said that he seized both the horse and Chinaman, but could not hold both, and the horse jerked away; that he fired his pistol at the horse but did not stop him. It was proved by other witnesses that there was such a man as Hong Koy residing at Stewart’s Flat; that he was in the habit of going to Sacramento on Mondays to sell his dust; that he owned a gray horse, and was in the habit of going down the said road riding his horse, to take the cars at Pino; that about the date