Ex parte Max

By the Court, Wallace, C. J.:

It appears by the petition and a transcript of the bill of exceptions filed as part of it, that the petitioner was tried in the County Court of Stanislaus County upon an indictment for the crime of assault with intent to murder one Charles Gilbert, to which indictment the prisoner had pleaded not guilty. The evidence having been concluded, the jury retired under the instructions of the Court to consider of their verdict, and subsequently returned into Court with a verdict as follows:

“We, the jury in the case of The People of the State of California v. Joseph Max,…