People v. Williams

The defendants were jointly charged with the crime of attempt to commit robbery; they were tried jointly, and the jury returned a verdict of guilty as charged as to each defendant. The defendant Williams waived time for the imposing of sentence and judgment was thereupon pronounced against him. The defendant O’Neil made a motion for new trial, which was denied, and from the order denying the motion and from the judgment which followed, he has appealed.

On the evening of October 19, 1924, the defendants were with one Woolwine, the complaining witness, in the city of Sacramento. They were patronizing different saloons and Woolwine became badly intoxicated. After midnight the three were seen by two policemen on M Street, between Second and Third Streets, and Woolwine was being supported by the defendants. Woolwine was pulling back from his two companions, and then the two officers saw Williams strike Woolwine a blow in the face, causing the latter to fall to the sidewalk. Officer Gorman testified that Williams looked in the direction he and his fellow-officer were coming; that O’Neil had got on top of Woolwine, and that Williams holloed, “Look out, the bulls are coming!” and started…