Valliere

Appellant was tried upon an information charging him with an assault with a deadly weapon with intent to murder one John Boyle, was found guilty and sentenced to imprisonment for the term of fourteen years, and he appeals from the judgment and an order denying his motion for a new trial.

Appellant specifies several rulings of the court upon questions of evidence, and that the evidence does not justify the verdict, as the grounds upon which he seeks the reversal of the judgment and the granting of a new trial.

At the time of the commission of the alleged offense appellant was confined in the county jail, and committed the assault charged in the information upon the deputy sheriff in the evening, when the deputy was about to lock him up in his cell for the night. The instrument with which the" assault was committed was a stocking, loaded with salt and plaster which had been hardened by wetting.

The prosecution offered evidence to show that appellant at the time of the assault had been tried on a charge of burglary, had been found guilty, and was in jail awaiting sentence therefor, and this evidence was received over appellant’s objection, the court ruling that it was admissible…