Ross

Defendant was convicted upon an information charging him with the crime of assault with a deadly weapon. The judgment of the court was that he be imprisoned for a term of one year in the state prison at Folsom and pay a fine of $2,000.

From this judgment and an order denying his motion for a new trial defendant appeals.

At the time in question defendant was conducting a public feed-yard in the city of Imperial, within which inclosure was located a shack or house wherein he lived. Victor Sterling, upon whom the alleged assault was committed, was city recorder of Imperial. Some time prior to the alleged assault defendant had, in the recorder’s court presided over by Sterling, pleaded guilty to the charge of violating a liquor ordinance of the city of Imperial; whereupon it was adjudged that he should pay a fine of $300 and serve ninety days in jail, the execution of which sentence, however, was “suspended during defendant’s good behavior.” On November 20, 1911, the day upon which the assault is alleged to have been com mitted, Sterling, having been informed that defendant was in possession of a quantity of liquor with the intent to use the same in violation of law, wrote out a…