People v. Un Dong

Defendant (a Chinese) was convicted of an assault with a deadly weapon upon a fellow-countryman, and sentenced to the state prison for the term of two years. He appeals from the judgment and an order denying him a new trial.

1. It is strongly urged that the evidence is insufficient to sustain the verdict, but we do not think this contention can be sustained. The evidence of the prosecution tended to show that the alleged assault was committed between 11 and 12 o’clock at night, upon a public street, in a quarter of the city of San Jose known as “ Chinatown.” That defendant and an associate, one Ah Wei, lay in wait at a street corner, outside a restan *85 rant, until the prosecuting witness, one Ah Bong, came out, when defendant pointed out Ah Bong to Ah Wei and told the latter to shoot; that Ah Wei immediately fired two shots at Ah Bong, one of which hit the latter in the back. That immediately following the shots by Ah Wei several other shots were fired by a party or parties from across the street, but by whom the latter shots were fired or whom they were fired at was not disclosed. These facts in substance were testified to by a number of Chinese witnesses, several of whom…