Cradlebaugh

The defendant was charged, in an information filed in the superior court of the county of Contra Costa, with the offense defined by section 149 of the Penal Code, which reads as follows: “Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding $5,000, and imprisonment in the county jail not exceeding five years.” The defendant was convicted, and sentenced to pay a fine of $1,000, and to be imprisoned in the county jail for one year. The appeal is from the judgment and from an order denying defendant’s motion for a new trial.

The information charged “That on the 19th day of September, A. D. 1913, the . . . defendant, B. B. Cradlebaugh, alias. B. B. Henry, was a public officer, to wit, a duly appointed, qualified and acting deputy sheriff in and for the county of Tuba, state of California, under George H. Voss, who was then and there the duly elected, qualified and acting sheriff of said county; that on the said 19th day of September, 1913, and while the said defendant was acting as such deputy county sheriff, at the county of Contra Costa ... he, the defendant, did then and there unlawfully…