The herald., 1894-08-21
A NEW TRIAL GRANTED.
GUSTAVE LANDMAN OF SAN DIEGO
HAS ANOTHER CHANCE.
The Supreme Oeurt Eeversss the Judg-
ment-Eimer X. Gordon Goes to
San Qusntin-Other Cases
Decided.

The supreme court has granted Gus
tave Lsnderman OF San Diego, convicted
of assault with intent to commit MUIR
der, new trial, reversing the judgment
OF the superior court and the order de-
nying a new trial.
| The ground upon which the reversal
is granted is error In an instruction
granted at the request of the prosecu-
ton. The instruction was as follows:
Every person is presumed to intend
what his acts indicate his intentions to
have been, and, if the defendant at the
time and place alleged in the inior M a.
tion voluntarily assaulted the prosecut-
ing witness with a deadly weapon, in
such manner that the natural and or
dinary consequences OF such assault
would be to kill the said witness, Siauo-
witch, then the law presumes that the
defendant intended to kill the said wit
ness, Stsnovitch, and, unless it appears
from the evidence that the intention of
the defendant was other than bis ects
indicated. the law will not hold him
gUiltless.''
1t was argued by the attorney.general
that the instruction should not be con-
strued IS an attempted exposition of the
law bearing upon the specific offsnse
charged in the information, but that it
related to other and lower ofenses nec-
essarily included therein.
But the supreme court thinks this
argument unsound. The fair inter-
pretation OF the language OF the court
was that under the circumstances the
defendant could not be held guiltless
of the specified crime charged, thus
trenchlng upon the province OF the jury
in passing upon matters of fact. After
further discussion OF the point the de-
cision mentioned is given.
The court affirms the judgment Of the
San Diego superior court in the case OF
Elmer E. Gordon, convicted of assault
with deadly weapon upon L. d. Heu.
ser, and sentenced to one year at San
Quentin.
At the trial, while the prosecution was
introducing testimony in rebuttal, the
counsel for defendant asked lesve to re.
call Hauser for the purpose of laying q
foundation for his impeachment, by
showing that he had declared. soon after
the shooting, that the defendant did not
fire the pstogto hit him. The court de.
MED the request. The supreme court
Gays the court will not review this action
of the trial Judge, unless he abused his
discretion, and find there was no abuse
of discretion. The court holds that the
defendant was fairly tried and convicted
upon testimony amply sufficient to up
hold the verdict.
The eupreme court aleo affirme the de-
cision of the Los Angeles superior court
in the case OF James Quill appellant, VS.
A. Jscoby and l.. Thorne, respondents.
This is one OF the boom land cases which
has been in course of legislation for
several years. In July 1887. James
Quill entered into written contracts with
A. Jacoby and l.. Thorne. by which he
agreed to purchase lots in the Jacoby &
Thorns subdivision. city. The contracts
contained stipulation the defendants
were to construct levee along the west
side of the tract.
The appellant made the payments ex-
cept the last and wanted his money back,
ST. 607, and interest, on account of the
on-construction OF the levee. judy
ment was granted to them by the courts.
The supreme court affirms the judgment
discussing the points raised at some
length.
In the case Of A. G. Wickers ham, re.
spondent, vs. James L. Crittenden ct al,
appelante, the supreme court reyerses
an order Of the San Luis Obispo superior
court directing the clerk to pay $1,000 to
Wickereham for attorneys fees alleged
! to have been paid out by him to his at
torneye in certain actions. Wickersham
and Crlttenden were stockholders in the
Bank Of San Luis Obispo. They dis
agreed about the management, and
Wickereham brought two actions against
Crittenden, the bank and other defend
ants. He obtained judgment in both,
and it WAS sustained on appeal. Crit
tenden paid the amounts into court.
Afterwards Wickersham filed petition
Hn TA " ~