People v. Hite

GRAY, C.

The defendant appeals from a judgment convicting him of an assault with intent to commit robbery and from an order denying him a new trial.

1. The principal point urged on this appeal is, that the verdict is not supported by the evidence; that there is no evidence to show that defendant intended to rob the prosecuting witness, Howard.

There is evidence in the case to warrant the following statement of facts: The defendant met Howard for the first time, at one o’clock on the morning of the tenth day of June, 1901, in Hudson’s saloon, in the town of Red Bluff. During the next two hours…