People v. Bird

Citations

• 60 Cal. 7
• 1881 Cal. LEXIS 532

Syllabus

<p>Assault with a Deadly Weapon—Sufficiency of Evidence to Sustain Verdict.—Unless the evidence is so slight that the Court below would be justified in directing a verdict for defendant, this Court is not authorized to reverse the judgment upon the ground that the evidence does not sustain a verdict of guilty. If there is a conflict, it is for the jury, under proper instructions, to determine the credibility of witnesses.</p> <p>Id.—Instructions.—The Court did not err in giving the following instructions : “ If the person having the present ability to commit a violent inj ury upon the person of another, and having with him a deadly weapon, rushes towards such other person with menacing gestures, and with a purpose to use such weapon, an assault is committed, though such person is prevented from striking or using the weapon before he comes near enough to do so.”</p> <p>Id.—Relevancy of Instructions.—The Court charged the jury as follows: “ Further in this connection the Court, of its motion, instructs you that if a man has been for a period of two years or thereabouts in the quiet, peaceable, and exclusive possession of a house and certain grounds immediately surrounding the same, and¡necessary to the comfort and enjoyment of such house, and during such time has resided in such house and has occupied and used such ground with his family, and another person, without his consent, places timbers upon such ground which obstruct the free use and enjoyment of such house and grounds, the man who has so had the possession of said house and grounds and occupied the same with his family, may the next day after the timbers are so placed upon such grounds, remove the same from such grounds. And if it becomes necessary to saw such timbers up to remove them, he may do so. And if he is interfered with in such removal, he may use so much force as is necessary to protect his person in so doing.”</p> <p>Held: As there was no evidence tending to establish the circumstances recited as p