Hector

The appellant, Andrew H. Hector, was charged by information with having committed the crime of an assault with a deadly weapon with intent to murder, and two prior convictions for burglary. Besides admitting the prior convictions he entered two pleas, not guilty and not guilty by reason of insanity. The trial upon the first issue resulted in a verdict of guilty of an assault with a deadly weapon, and upon the trial on the issue of his sanity, the jury found him “sane at the time the offense charged in the information was committed.” The appeal is taken from the judgment of conviction, and no point is made in appellant’s briefs with regard to the trial on the issue of sanity.

The crime of which appellant was convicted is alleged to have been committed on H. 0. Fisher, who was a police officer. Appellant admits having fired a shot from the loaded revolver he was carrying on his person, but claims, first, that he shot at a dog which was about to attack him; and, secondly, that even though he shot at the officer, the circumstances under which the shooting took place justified him in shooting in self-defense.

The essential facts appearing from the evidence in support of the verdict…