Kafoury

The defendant was convicted of the crime of assault with a deadly weapon with intent to commit murder, and takes this appeal from the judgment and the order of the court denying his motion for a new trial.

The defendant did not offer himself as a witness, and the case was submitted to the jury upon the evidence produced by the people in support of the charge contained in the information. That evidence conclusively established a brutal, unprovoked and murderous assault with a deadly weapon by the defendant upon the person of his sister in law, Mrs. Hadley Kafoury. Not a single circumstance tending to excuse or mitigate the crime is revealed in the record before us.

The record shows that the defendant, who, for several months prior to the commission of the crime, had resided in the home of his brother in the city of Oakland, fired three shots from a pistol at the complaining witness. The first shot struck her in the hip a little below the waist line and shattered the bone. It was not due to any fault or lack of effort on the part of the defendant that he failed in his purpose to kill, but rather to the courage of the woman, who, upon the first shot being fired, grappled with the…