People v. Sylva

The defendant was charged with the crime of an assault with a deadly weapon, and upon trial was convicted of an assault. He appeals from the judgment and-from an order denying his motion for a new trial.

The first point made is, that the complaining witness, Pistolesi, was a trespasser on the defendant’s premises at the time the alleged assault was committed on him, and that the defendant had a right to use all the force necessary to expel him. The evidence shows that the sheriff had an execution against the defendant under which he had previously levied upon some books of the defendant,…