Watson

The defendant has been found guilty of an assault with intent to commit murder. He now claims that the evidence is insufficient to support the verdict.

There is evidence in the record which tends to show that the defendant Watson, when somewhat under the influence of liquor, seized a boy about fifteen years of age, tied him by the neck to his (Watson’s) horse’s tail, using the hair of the horse’s tail for that purpose, then mounted his horse, and, with his pistol in his hand and threats to kill issuing from his mouth, rode about one-quarter of a mile, leading the boy. This journey was also interspersed by incidents such as defendant’s firing his pistol. It further appears that this reckless deed was done by reason of the feeling of hatred held by defendant against the boy’s elder brother. The question as to the intent with which these acts were done by defendant was a pure question of fact, to be determined from all the circumstances of the case; and from those circumstances the jury could well declare that the intent of defendant was to kill and murder this fifteen-year-old boy. It is said in People v. Landman, 103 Cal. 580 : “Of course, under these circumstances a person’s…