California Court of Appeal November 23, 1906, Crim. No. 72. (People v. Fitts)

HARRISON, P. J.

The defendant was indicted for an assault with intent to commit robbery, and upon the trial thereof was convicted and sentenced to a term in the state

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prison. From this judgment and an order denying his motion for a new trial he has appealed.

It was shown by the testimony of the prosecuting witness that between the hours.