Grandi

The defendant was charged by information, filed in the superior court of Plumas County, with the crime of assault with a deadly weapon with intent to commit murder, and was convicted of assault with a deadly weapon. He appeals from the judgment.

.The assault occurred on the twentieth day of July, 1916, between the hours of 4 and 5 o’clock P. H., in Clover Valley, a short distance from the town of Beckwith, in Plumas County. The party assaulted was one William Tognola. Both men are Italians, and were employed at a dairy owned by one Samuel Bonta. The prosecuting witness, Tognola, on the day before that upon which the assault was committed, mounted a horse for the purpose, as he stated, of going out into a field belonging to Bonta and driving therefrom some calves. Upon his return to the cabin, in which he and the defendant had been living, and which was situated near the dairy, the accused, with a large stick or club in his hand, approached Tognola and, addressing him, said: “You must be killed,” or, “You will be killed.” Becoming frightened at this demonstration upon the part of the defendant, Tognola dismounted from the horse and ran some distance away from the premises. On the…