Weston

Defendant was informed against by the district attorney of El Dorado County for the crime of assault with intent to commit murder. Upon her trial the jury returned a verdict of guilty as charged. Defendant moved for a new trial, which was denied, and she was thereupon sentenced to imprisonment in the state prison for the term of ten years. Defendant appeals from the judgment and from the order denying her motion for a new trial.

It appeared that one Harry J. Stevens had a mining claim in the near vicinity of the defendant’s home, and had been accustomed to go to and from his cabin by a road leading past the Weston house. ' It was shown that this road, for some distance beyond the Weston’s house, had been used as a public highway for thirty or forty years. It had not been used beyond the Weston’s place for wagons for the past two or three years, since about the time the Westons came there, but was used for horsemen and footmen. Stevens’ mining claim was situated at one side of this part of the road and was reached from the road by a trail. It appeared that, some time in the early part of 1916, someone shot a dog belonging to the Westons, but it appeared that Stevens had nothing to…