Nunes

Defendant was informed against by the district attorney of the county of Sacramento for the crime of mayhem. Upon a trial he was found guilty and he prosecutes this appeal from the judgment of conviction and from an order denying his motion for a new trial.

Louis Dulmaine, the prosecuting witness, was engaged as a bartender in a building at the corner of Seventh and L Streets, in the city of Sacramento, his hours of duty being from 5 o’clock P. M., until closing time the next morning. He was so engaged on the night of June 29, 1919, closed his saloon at 2 o’clock on the morning of June 30th, and, about half an hour later, he and two other men started walking up Seventh Street toward K. Before reaching K Street they met the defendant, accompanied by a woman, approaching them. According to the testimony of the prosecution, at about that time one of Dulmaine’s companions was inviting the other members of the party to his house to partake of a chicken dinner. Defendant said: “What’s that? What the hell’s that about chicken?” and used some vulgar language. Dulmaine turned around and wanted to know “what was the matter with that guy,” and asked: “What’s it to you?” or words to that…