HERNDON, J.
Appellant was convicted by a jury of a violation of Penal Code, section 245, assault with a deadly weapon. He appeals from the judgment and from the order denying his motion for a new trial.
It is not disputed that on the night of May 21, 1959, appellant, using a high-powered rifle, shot and seriously wounded the complaining witness, one Buffington. However, in support of his primary contention that the jury's verdict is not supported by the evidence...
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