People v. Schwab

Pursuant to a verdict, appellant was convicted of burglary in the first degree and of assault with a deadly weapon with intent to commit murder. He seeks a reversal of the judgment which sentenced him to prison for two consecutive terms and from the order denying his motion for a new trial on the grounds that (1) the evidence is insufficient to sustain the judgments as to either count and (2) errors in giving and refusing instructions.

The Evidence

Appellant knocked down and cut William Duncan about 1 o’clock in the morning of July 3, 1954, in the latter’s home. In view of his contention that…