Seeley

Appeal from the judgment of imprisonment following conviction upon a charge of assault with intent to commit murder.

By the information filed by the district attorney this appellant, in the first count thereof, is charged with having murdered Dale Finnegar; in the second count he is charged with having, on the same day, committed the assault with intent to murder D. C. Huling, who was a police officer. The jury returned a verdict of not guilty as to the charge of murder. Both charges grew out of an occurrence participated in by Huling, the police officer, Finnegar, the deceased, and Seeley, the defendant. Seeley and Finnegar were, at the time charged, of the respective ages of nineteen and eighteen years. Finnegar having been killed, the only two eyewitnesses to the affray who appeared at the trial were Huling, the officer, and the defendant. The officer testified that at about 11 o’clock on a night in April, 1918, he was traversing his beat in the lower part of the city of Los Angeles, and at the moment was on his way to a signal-box located near by, for the purpose of “reporting in” to headquarters. On one of the streets included within his beat was a bakery operated by persons…