State v. Surry

The opinion of the court was delivered by

Anders, J.

The. appellant was charged by information, under § 23 of Hill’s Penal Code (Bal. Code, § 7058) with an assault with a deadly weapon (a revolver) upon one Edward May, with intent to' do bodily injury, no considerable provocation appearing therefor. On the trial upon the information, the jury returned a verdict of guilty of assault and battery, and the court, after denying his motion for a new trial, sentenced the appellant to pay a fine and tó imprisonment in the county jail. It appears from the record that about two o’clock on the morning of…