People v. Woody

By the Court, Crockett, J.:

The defendant was convicted of an assault with intent to commit robbery; and has appealed from the judgment and from an order denying his motion for a new trial. The point chiefly relied upon on the appeal is, that the evidence did not justify the verdict.

The facts disclosed by the evidence are, that two men on horseback, about eleven o’clock at night, on the highway near the town of Santa Cruz, were stopped by the defendant, who advanced from the side of the road so as to intercept them, and when about ten feet distant, presented a cocked and loaded revolver,…