Gonzalez v. State

The defendant was charged with the crime of an assault with a deadly weapon, to wit, a pistol, upon one Frank Haddad. Pen. Code, par. 219. From a judgment of conviction, the defendant appeals.

The only point made by the defendant on the appeal is that the evidence is insufficient to establish as a fact that the weapon with which the assault was made was a deadly weapon, inasmuch as' it fails to show that the pistol was loaded with bullets. It appears that the complaining witness Haddad and the defendant had quarreled about the payment of two dollars which the complaining witness claimed the…