People v. MacIel

Defendant, who was charged with an assault upon one Estaban Rosas with a deadly weapon with an intent to commit murder, was found guilty as charged. He now appeals from the judgment of conviction and from an order denying his motion for a new trial. It' is claimed that the court erred in refusing to give certain requested instructions, and that one of the instructions given was prejudicially erroneous.

Defendant and Rosas occupied adjoining premises in the city of Tulare. A toilet located in the rear of defendant’s premises was used in common by both defendant and the members of the Rosas…