Eantosca

Defendant was convicted of the crime of assault with a deadly weapon with intent to commit murder. He moved for a new trial, which was denied, and he was thereupon sentenced to imprisonment in the state prison for the term of fourteen years. Upon the facts, the defense was an alibi. The proof of the alibi consisted of the testimony of the defendant and his brother, both of whom testified that they were at their cabin not far from the scene of the assault the entire evening and until after 10 o’clock of the twenty-sixth day of April, 1917. The assault was made about fifteen minutes before 10 o’clock. If the evidence was sufficient to support the verdict, it necessarily disposes of the alibi adversely to defendant. The evidence, we think, justified the verdict.

The prosecuting witness, August Chiesa, was a miner and was working on the night shift, from 10:30 P. M. until 6:30 in the morning, at the Bunker Hill Mine, Amador County. He testified that he left his lodging place about fifteen minutes to ten on the night of the assault and reached a point about one hundred feet from the mine. “Q. Just tell the jury what happened then. A. When I was there by the mine, Nick Eantosca was in…