Foo

The defendant was informed against, with two others, viz., Lee Kim and Ah Young, for an assault with a deadly weapon upon one Hom Lock, alleged to have been committed at the county of Los Angeles, state of California, on the twelfth day of January, 1895.

The defendants demurred to the information upon the ground: “1. That said information does not substantially conform to the requirements of sections 950, 951, and 952 of the Penal Code of California; 2. That the facts stated in said information do not constitute a public offense.”

Their demurrer was overruled, whereupon they entered a plea of “not guilty.” The defendant, Louie Foo, was tried separately, and a verdict of “ guilty of an assault with a deadly weapon ” returned.

A motion for a new trial was made and overruled, and judgment of imprisonment for two years in the state prison at Folsom, California, was entered. Defendant appeals from the judgment, from the denial of a motion in arrest of judgment, and from an order denying his motion for a new trial.

The first point made by appellant is that the court erred in admitting in evidence certain cartridges offered by the prosecution. The point made here is that they were…