Grow

Defendant was charged by information with the crime of assault with a deadly weapon with intent to commit murder. At the trial upon this charge he was convicted of the crime of assault and sentenced to ninety days in jail. He appeals from the judgment and an order of court denying his motion for a new trial.

On September 19, 1910, Edward C. Hoffman, the prosecuting witness, was and had been for several months engaged in work as' an iron molder for the Keystone Iron Works in Los Angeles, California. He resided at a station on the Long Beach electric railway line, known as Latin Station, from which, over said railway line, he traveled to and from the place of his employment in Los Angeles. About 6 o’clock on the evening of September 19th, upon arriving at Latin Station, he left the car line and was proceeding along the sidewalk to his home, when, without warning and without seeing his assailants, he was, as shown by the evidence of those who witnessed the attack, assaulted by four men, knocked from the sidewalk into the roadway, and beaten into an insensible condition. While the evidence is conflicting upon the question, it clearly tends to establish the fact that defendant was one…