Lathrop

Defendant was accused of the crime of assault with intent to commit murder and the jury found him guilty of assault. The court sentenced him to pay a fine of three hundred dollars and to serve a term of three months in the county jail. The appeal is from the judgment and an order denying his motion for a new trial. As stated by appellant, he relies for reversal upon three grounds: “(1) That the court erred in the admission of certain testimony offered by plaintiff and objected to by defendant; (2) That the court misdirected the jury in certain instructions given to the jury at the trial; (3) That the court erred in refusing to give to the jury certain instructions requested by the defendant. ’ ’

It is not disputed that the evidence is sufficient to support the verdict. It appears without conflict that Soares, the complaining witness, was hunting upon the land of the de fendant and was trespassing thereon; that he w.as discovered by the defendant,, who was not an officer, and that the defendant placed Soares under arrest and took from him a shotgun belonging to said Soares. As to the details of what followed the prosecuting witness and the defendant are not entirely in accord.…