Rivera

Defendant appealed from a judgment directing that he be imprisoned in the county jail of the county of Orange for a period of eight months following a conviction on the charge of having resisted a peace officer while in the performance of his duties. A motion for a new trial was made, and defendant has also appealed from the order denying that motion. The evidence was insufficient to justify the conviction of appellant. The information of the district attorney charged that he (the appellant) “did willfully, unlawfully and feloniously resist, delay and obstruct a public officer, to wit: Phillip Germann, a duly appointed, qualified and acting deputy city marshall of the city of Anaheim, California, and also a deputy sheriff of the county of Orange, in the discharge and the attempt to discharge the duty of his office, to wit: in the. attempt to arrest a man whose name is supposed to be Gregorio Gonsales, who was then and there willfully, unlawfully and maliciously disturbing the peace and quiet of the neighborhood of North Los Angeles Street in the city of Anaheim, California.”- The evidence, which is exhibited in full by the reporter’s transcript, shows that on the night of January…