Khan

The defendant was charged with the crime of assault with a deadly weapon with intent to commit murder. He was convicted of simple assault and his motion for a new trial was denied. This appeal is from the judgment of conviction and the order denying a new trial.

The evidence is sufficient to justify the conviction. The prosecuting witness testified that while he was running away from the defendant the latter fired three shots at the former, the second shot taking effect. Another witness testified that shortly after the shooting he found the prosecuting witness lying in the road; that “he was shot in the right shoulder”; and that he said, “Khan shot, Khan shot.” This witness notified the sheriff, who reached the scene of the shooting a few minutes later. The sheriff testified that the prosecuting witness “had been shot.”

Prior to the shooting the prosecuting witness had instituted an action against the defendant for the alienation by the latter of the affections of the former’s wife. The case was on trial during the day of the shooting, the shooting taking place in the evening. For the purpose of showing motive, the prosecution introduced in evidence, over the defendant’s…