People v. McMakin
California Supreme Court
Appeal from the Court of Sessions of San Francisco County. The prisoner was indicted, tried, and convicted, of an assault with a deadly weapon, with intent to inflict a bodily injury. A motion was made for a new trial, which was overruled, and the prisoner appealed. The opinion of the Court contains a full statement of the case.
1Opinion of the CourtBurnett, J.
It is objected by the learned counsel of the prisoner, that the testimony for the people did not establish the commission of any assault. The facts of the case,,so far as they are necessary to explain'the point, were substantially these : John L. Green, the person alleged to have been assaulted, was riding on horseback, on his way to San Francisco, along a trail that ran through certain lands in dispute between the parties, when he was intercepted by the prisoner, who threatened to shoot the.prosecutor if he did not leave the land, at the same time drawing a Colt’s revolver, which he held in…
2Cited by52 opinions
- People v. HoodCalifornia Supreme Court · 1969
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- People v. ChanceCalifornia Supreme Court · 2008
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