Peccole

The defendant was accused by an information filed in the superior court of Calaveras County of the crime of assault with intent to commit murder (Pen. Code, sec. 217), and was convicted of the crime of assault with a deadly weapon. (Pen. Code, see. 245.) He brings his case to this court on an appeal from the judgment of conviction and also from an order denying a motion for a new trial made by him.

It is not claimed by the accused- that there is not disclosed by the record evidence sufficient to uphold the verdict. His contention is that the court erred to the serious prejudice of his rights by allowing and disallowing certain testimony and, further, by certain asserted misconduct of the district - attorney in the presentation of the case of the People to the jury; that such errors and such misconduct were of sufficient gravity to require this court to order a reversal, notwithstanding that the verdict stands supported hy sufficient evidence.

The facts will be stated herein mainly in narrative form and, with the exception of such reference to the testimony of the defendant and a witness introduced by him as may be deemed necessary, will be taken from the testimony presented by…