Dukes

The defendant, a deputy sheriff of Riverside County, was charged by information with a violation of section 149 of the Penal Code, committed as follows: “The said defendant, on or about the 27th day of October, 1927, at the .said county of Riverside, state of California, and before the filing of this information, did wilfully and unlawfully and under color of authority as deputy sheriff of Riverside county and without any lawful necessity, assault and beat Walden E. Trimble, said defendant being then and there a duly appointed, qualified and acting deputy sheriff of Riverside county, California.” He was tried, and found guilty as charged in the information.

Three grounds of appeal from the judgment are urged: First, that the court erred in excluding ee'rtain evidence; second, that the giving of instruction No. 8 was error, and third, that the verdict and judgment are against the evidence and that the verdict was the result of passion and prejudice.

The last contention is not sufficiently meritorious to require extended consideration. An appellate court has nothing to do with the weighing of the evidence on appeal. All intendments favor. upholding the judgment and the action of…