Duran v. People

Opinion by

Mr. Justice Day.

Plaintiff in error was the defendant in a criminal action brought in the district court of Conejos County, wherein he was charged in two counts with assault with intent to kill and assault with a deadly weapon. He was convicted by jury verdict of the lesser included offense of simple assault, and sentenced to a year in the county jail. He assigns as error the failure of the court to grant his motion for directed verdict of not guilty and the giving of what he claims to be erroneous instructions, particularly on “self defense.”

The defendant, armed with a pistol…