Adams

The defendant was charged with the offense of assault with intent to commit murder and convicted of the crime of assault with a deadly weapon and appeals to this court from the order denying his motion for a new trial and from the judgment pronounced upon the verdict finding him guilty as stated.

The transcript shows that the defendant and the complaining witness were brothers; that on or about the seventeenth day of January, 1925, the defendant and his brother, after securing a supply of wine, repaired to the home of the brother of the defendant, and while there consumed a considerable quantity of the wine theretofore procured; that both the defendant and his brother became intoxicated; that while in such condition an altercation arose between them concerning former family differences; that the brother of the defendant, while seated upon a bed, used some opprobrious language toward the defendant, and, as claimed by the defendant, made threats against his life and reached for a gun; that the defendant seized a gun and hit his brother over the head, rendering him more or less unconscious and causing the blood to stream from the wound inflicted by the blow; that thereafter, the…