Moore

The defendant was charged with the commission of an assault with a deadly weapon with intent to commit the murder of one James (Socks) McDonough. The appeal is from the judgment of conviction, before the court sitting without a jury, and from an order denying a motion for a new trial. The points made on the appeal resolve themselves into but one, viz., the sufficiency of the evidence to support the judgment.

During the hour from 6 to 7 A. M. on April 14, 1934, six shots from a revolver penetrated the body of McDonough as he was standing at or near a bar in an amusement building in Los Angeles known as the lee Palace, and wherein a “Wallcathon” contest was being conducted. Just prior to the shooting a commotion occurred in front of the bar in which numerous persons took part and during which a bartender fled from behind the bar when pistol shots were fired. After the shooting the victim, McDonough, was found lying on the floor near an overturned and blood spotted table and chair at the southeast corner of the bar. Upon arriving at the scene police officers found eight exploded shell casings within an area of eight or ten feet from the south end of the bar. Four bullets were found…