Stevens

This appeal is from a judgment following defendant’s conviction of the crime of assault with a deadly weapon, and from an order denying a new trial.

There is evidence in the record tending to show that defend-, ant, together with three companions, laid in wait for the prosecuting witness at a point where he daily alighted from the electric cars upon his return from work; that on or about the 19th of September, 1910, at about 6 o’clock P. M. of said day, the prosecuting witness arrived at the station near his home and had proceeded about three blocks therefrom on his way to his residence when an assault was made upon him by defendant and his associates—one of whom hit him over the right eye with something and knocked him into the middle of the street, and while there he was cut in four or five places. One of these wounds was a scalp wound about an inch and a half long, and another about two inches long, at right angles with each other; two cuts in the middle of the forehead, with some bruises behind the left ear and some injuries upon the left wrist, which last-named injuries were evidenced by two round marks, looking as though they had been sunk in with something. After this…