Fick

— The defendant, H. L. Ficlc, was indicted by a grand jury of San Joaquin County for the *147 crime of kidnaping. Upon his trial the jury found him guilty as charged. His motion for a new trial was denied, and judgment given that he be imprisoned in the state prison for eight years, and that he pay the district attorney a fee of twenty-five dollars.

From this judgment and the order denying his motion for a new trial, the defendant appeals.

It was shown upon the trial that the defendant was, at the date of the alleged commission of the offense charged, a constable of township No. 3, Placer County, and that there was delivered to him, on March 22, 1890, a warrant in due form, issued by a justice of the peace within said county, commanding him to arrest one Poy Fong, and to bring her forthwith before said justice at his office, in said county, or in case of his absence or inability to act, before the nearest and most accessible magistrate of the county. The defendant, armed with this process, proceeded to the county of San Joaquin, and on March 24, 1890, arrested a Chinawoman, whose name is given in the evidence as Toy Fong. This woman he took to the county of Placer, but did not…