Holden

Defendant and one Edward Hansen were jointly charged with the crime of an assault with intent to commit robbery upon one John Connolly on September 28, 1909. A demurrer to the information was overruled and defendant Holden was tried separately and found guilty as charged. A motion for a new trial was denied and defendant was sentenced to imprisonment in San Quentin for three years. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The information charges the crime of felony as follows: “Assault with intent to commit robbery, committed as follows: the said Edward Holden and Edward Plansen on or about the 28th day of September, A. D. 1909, at the said County of Placer, in the said State of California, and before the filing of this information, in and upon one John Connolly, feloniously and with force and violence did make an assault with intent the money, goods and chattels of the said John Connolly, from the person and immediate presence and against the will of him, the said John Connolly, then and there feloniously and by force, violence and intimidation to steal, take and carry away, contrary to the form,” etc.

1. It is urged that…