McKeehan

Information for assault with a deadly weapon with intent to commit murder. Verdict of assault with a deadly weapon. Appeal from judgment and order denying defendant’s motion for a new trial.

Defendant was the keeper of a pool and billiard hall, and the complaining witness, Martin, was at the time of the occurrence upon which the charge is based a constable at Brawley, in the county of Imperial, where the 'billiard-hall was located. About two weeks prior to the trouble between them Martin raided the premises mentioned in search of “booze,” as he testified, at which time he destroyed some bottles, as to the contents of which the respective parties disagree. At that time the brother of defendant, who was the owner of the place, told Martin “he wasn’t wanted in the place and for him to get out and stay out.” On the evening of the affray here in question Martin was sitting in the hall watching a game of pool, when defendant asked him “if he had any particular business there,” and said “if he had not he had better get out while he eo-uld.” Martin told defendant to bring on his gun, to which defendant replied that he didn’t need any gun for such people. Martin did not leave, but sent a…