Singh

The defendant was charged by information filed in the superior court of Butte County with the crime of assault with a deadly weapon with intent to commit the crime of murder. The jury before and by whom the cause was tried found the accused guilty of the crime of assault with a deadly weapon. He made a motion for a new trial, which motion was denied, and he brings the case to this court on appeal from the judgment and the order denying said motion.

The defendant for a reversal submits and insists upon the validity of but one point, to wit: That the court erred, to the prejudice of his rights, in overruling his objection to the testimony of the prosecution’s witness, Sixt, that in or near the month of June, 1925, the defendant, speaking to said witness of the assaulted party, one Banta Singh, declared that he (defendant) did not like Banta Singh, and that he (defendant) “would kill said Banta if he (said Banta) took any more wood.” The grounds of the objection to said testimony were that it was “irrelevant, immaterial, incompetent and too remote.”

The defendant interposed as in resistance to the crime charged against him the plea of self-defense. The People claimed that the…