Bennett

The defendant was charged with the crime of assault with a deadly weapon. The jury returned a verdict finding him guilty as charged in the information. He appeals from the judgment and from an order denying a motion for a new trial.

The crime, as described in the information, consisted in the firing of a shotgun at Maggie Scuffi in the county of Tulare in September, 1917. The complainant testified that she resided on a ranch at the time in question and residing with her was a woman called Mrs. Bradley; that on the day of the alleged assault defendant drove up to the gate in front of the ranch house and asked for Mrs. Bradley; that the latter went out to the buggy, and, after some moments had passed, complainant heard Mrs. Bradley say, “My God, Tom, don’t”; that she went to the door and saw that the defendant had Mrs. Bradley by the throat, choking her; that the complainant then starred to go to the assistance of the woman, when defendant pointed a shotgun at her face and said, “If you come another step, we will all go together”; that in the meantime Mrs. Bradley had gotten hold of the barrel of the gun and forced it up and that complainant rushed in and also seized the weapon;…