Shaw

People v. Shaw

Good Law
1918 Cal. App. LEXIS 439·36 Cal. App. 441·172 P. 401
Court of Appeal of CaliforniaMarch 4, 1918Crim. No. 404.California2,319 words

Opinion

Lead Opinion

Burnett, J.

The defendant was convicted of the crime of assault with intent to commit murder. The evidence was ample to justify the verdict. Indeed, a careful examination of the entire record can hardly fail to produce the conviction that the assault was the result of a deliberate, premeditated, and brutal design on the part of appellant to take the life of his victim. The offense was committed in the afternoon of December 26, 1916, near the cabin of defendant and about three and one-half miles from the town of Shasta. In the forenoon of that day, in said town, appellant had an acrimonious controversy with one T. L. Cockrum, who was about to go with a horse and buggy to deliver some groceries to a party at the Mount Shasta mine, some distance beyond said cabin. Appellant requested Cockrum to take some supplies to one Charles Paige. This Cockrum refused to do for the reason that he disliked Paige. The discussion which ensued developed a good deal of heat, and each became abusive and truculent. The defendant repaired to an adjoining saloon, where he drank some liquor and made inquiries about a gun which he claimed was to have been left there for him. In reply to a question by one of those…

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