Galloway

This is an appeal from the judgments in two separate cases, which were consolidated and tried before the same jury. In each case .the defendant was charged with assault with a deadly weapon with intent to commit murder, and in each ease he was convicted of assault with a deadly weapon.

In the first case, the defendant was charged with making an assault upon one Fred Raynor, the uncontradicted evidence showing that said defendant appeared at a fruit packing-house in Lindsay, California, where the said Raynor was at work; that Raynor heard his name called and looking up observed the defendant within eight or ten feet of him, and with a 22-caliber revolver pointed at him; and that Raynor immediately dropped down behind a truck, just as the defendant fired at him. Raynor testifies that he did not know the defendant was looking for him, and knew of no reason why he should shoot at him. The evidence also shows that while the defendant was being held, awaiting the arrival of an officer, he said he “wanted to kill the son-of-a-bitch. ” While he was being led away by the officer he stated that he “wanted to go back and get the sucker. ’ ’

The uncontradicted evidence in the other ease…