Denby

Defendant was convicted of an assault with a deadly weapon, and appeals from the judgment and from an order refusing a new trial.

The prosecuting witness testified that he saw defendant soliciting alms from the passengers on the cars. Witness saw him through the windows, but did not hear what he said. He, however, asked witness for some money, when witness arrested him and took him to the depot, as he says, “ quite a length back south from where I arrested him. I started up town with him to go to jail. I got out across the track, and he turned on me and struck me in the face with his fist; I knocked him down; he fell on his knees, and I followed him up till he saw he had enough of it, and then he promised he would go along with me, but when we got near the jail he turned on me with a knife, and made a desperate thrust at me with the knife, which I avoided by jumping away from him, and next by throwing up my hand and striking his arm; then I knocked him down..... At that time he made a desperate effort to get away from me, and said, ‘ I am going to cut you.’ ”

The witness held the defendant by the collar and sleeve. Witness was a special agent for the California *56 Southern…