Lopez

The defendant was charged by information with the offense of assault with a deadly weapon with intent to commit murder. The jury returned a verdict of guilty of assault with a deadly weapon, upon which verdict defendant was sentenced for the term prescribed by law, with this additional order in the judgment “After sentence has been served, defendant is to be deported to Mexico.” Defendant’s motion for a new trial of the cause was denied and it is from the judgment thus pronounced and the order denying Ms motion for a new trial that he prosecutes this appeal.

It appears from the testimony that the defendant and one Hermandez had purchased four pints of whisky during the evening of February 27, 1926, of which they had consumed three pints before- 12:15 A. M. of the 28th. At this time Police Officer William J. Hackett observed them near the Santa Fe depot in Los Angeles City. By reason of the fact, as he testified, that they were boisterous and noisy he approached them and found them under the influence of liquor. Hermandez was able to walk and to talk coherently. A search of him revealing no liquor, the officer sent him home. The fourth pint of liquor was found on defendant’s…