People v. Nihell

GRAY, C.

The defendant was convicted of assault with a deadly weapon and sentenced to the county jail for eighteen months. He appeals from the judgment and from an order denying him a new trial. The defendant was drunk and disorderly in Nevada City, and while in that condition he was, by direction of the city marshal, taken into custody by the night watchman between the hours of 8 and 9 p. m. While on the way to the calaboose, the night watchman, then having hold upon defendant, the defendant demanded that he be released and drew a pocket knife, threatening to kill the watchman if the demand…