Bradfield

The defendant was charged by the information of the district attorney with having, on the first day of July, 1915, committed an assault with a deadly weapon with the intent to murder George J. Henley. The jury by its verdict convicted the defendant of the crime of assault with a deadly weapon only. This appeal is taken from the judgment of the court which followed, and from an order denying the defendant’s motion for a new trial.

The alleged assault occurred in the daytime on a street in the town of Fillmore, Ventura County. The complainant Henley occupied a tract of land in a canyon near Fillmore, across which and leading to more remote sections of the mountains was a road. This road was located on the ground which Henley claimed to own, and he objected to persons’ traveling over it without first paying for the privilege. A corporation of which defendant was manager or superintendent was operating either for water or oil at a point above the Henley place. In order to reach the land of the corporation it was necessary, or at least desirable, to travel over the Henley road. Henley objecting, a suit was brought and finally a stipulation was made by which the right to travel upon…