Mandevil

Defendants were convicted of the crime of assault with a deadly weapon with intent to murder. They have appealed from the judgment of imprisonment.

The sole contention urged in the brief of appellants is that the evidence is insufficient to support the judgment. At the trial both defendants insisted that they did not commit the assault; that they were not, at the time, at or near the place referred to in the information and testimony. The complainant was the marshal of the city of Colton. He testified that on the fourteenth day of July, 1921, at about 6 o’clock in the afternoon, he went to a point where a bridge crosses the Santa Ana River, and there observed an automobile and a man standing near to it, and also a quantity of new shoes in the brush close at hand; that he alighted from the automobile in which he was riding, went over to the other machine in which the man he had observed was, by this time, seated, and talked to the latter; that he, the marshal, wore his badge of office in plain sight; that after some preliminary conversation he asked the man what he was doing with the shoes and that thereupon the individual in the car produced a “gun” and began to fire at him; that…