Barry

The defendant was accused, by information, of an assault with intent to commit robbery, *42 and two previous convictions of petit larceny. Upon arraignment he pleaded not guilty, and admitted the prior convictions. He was then tried and found guilty as charged, and sentenced to imprisonment in the state prison for the period of six years.

The evidence upon which he was convicted is substantially as follows: —

On the night of March 2, 1890, between the hours of seven and eight o’clock, as the prosecuting witness, George Engert, was walking along Harrison Street, in the city of San Francisco, he was violently seized by the defendant and two others, by whom he was severely beaten and choked; that one of the parties making the assault forcibly took from his possession a dog which he held by a chain, while the other two, one of whom was the defendant, attempted by means of force and violence, and against his will, to take from his possession the sum of two dollars in money which he at the time had in one of the pockets of his pants; that during the struggle the police-officer, whose attention was attracted to the place by Engert’s cries for help, came upon the scene and took hold of…