People v. Urrutia

The defendant was charged with the crime of assault with a deadly weapon with the intent to commit murder. There were two trials; at the first, the jury, being unable to reach a verdict, was dismissed; at the second, the defendant was convicted of the crime of assault with a deadly weapon. His motion for a new trial was denied and he was sentenced to the state penitentiary. He now appeals to this court both from the order denying the motion and from the judgment, particularly citing as error the insufficiency of the evidence to support the judgment and the action of the trial court in…