People v. Mock Ming Fat

McLTJCAS, J.,

pro tem. — Appellants were found guilty of the crime of assault with intent to commit murder.

This case presents but a single question on appeal. Appellants assign as error the refusal of the trial court to give the following instruction: “If you believe from the evidence that defendants, or any of them, did not commit an assault upon the person of Yee Moon with a deadly weapon, with intent to commit murder, and if you believe from the evidence that defendants, or any of them, did commit an assault upon Yee Moon with a deadly weapon without the intent to commit murder, then it is…