People v. Garcia

The defendant was charged by information with the crime of assault with intent to commit murder alleged to have been committed on February 15, 1926, and upon trial was convicted of simple assault. Upon this appeal he urges as grounds for reversal that the court erred in ruling upon matters of evidence and in refusing to give the jury two instructions proposed by him; also misconduct on the part of the district attorney.

Thomas M. Hyland, a detective police sergeant, testified as a witness for the prosecution with reference to a conversation held with the defendant shortly after his arrest and…