Selby

Defendant was charged, by an indictment in seven counts, with seven separate offenses, one being alleged in each count. In four of the counts he was charged with robbery. In the remaining three he was charged with assaults with intent to murder. He was acquitted under each of the counts charging robbery.. He was found guilty as charged under two of the three remaining counts and guilty of an assault with a deadly weapon under the third. He appeals from the judgments and from an order denying his motion for a new trial.

Appellant was concerned in certain transactions which occurred not far from midnight, between August 12 and 13, 1924. Out of these transactions a charge of murder was made against him. The events out of which grew the seven charges above mentioned took place early on the morning of the 13th. They commenced with the arrival of appellant at a store in which the woman with whose murder he was charged, with her husband, had an interest. There is much evidence in the record which tends to prove that appellant went to the store to “get” the husband, against whom he entertained an intense feeling of hatred. Appellant arrived at the store a few minutes before it was opened…