Magri

The conviction complained of here is of the crime of assault with a. deadly weapon, and was obtained under an information, filed by the district attorney of Shasta County, in the superior court thereof, charging the defendant with the crime of assault with a deadly weapon with the intent to kill and murder one P. Della.

The appeal is from the judgment and the order disallowing the defendant’s motion for a new. trial.

The clerk’s transcript was filed in this court on May 1, 1916, and that of the court reporter, prepared in accordance with sections 1247 and 1247a of the Penal Code, was likewise filed on June 7, 1916.

The defendant has filed no brief or points and authorities, and was not represented by counsel when the cause regularly came on and was called up for hearing and oral argument before this court. Under these circumstances there was open to the attorney-general either one of two courses only, viz.: 1. To move, upon notice, for a dismissal of the appeals; 2. The submission of the cause for decision upon the record. The latter course was adopted by the attorney-general, hence an examination of the record is required.

The assault charged occurred at a place called…