People v. Minamino

CRAIG, J.

The defendant was convicted of assault with intent to commit murder as charged in the information. Prom a judgment and order denying his motion for a new trial this appeal has been taken. The facts, in so far as they affect the issues here involved, are as follows:

On the sixteenth day of December, 1920, the defendant visited the residence of the complaining witness, who was absent but whose wife was at their home. Later the complaining witness, K. Ozawa, returned and found the defendant and Mrs. Ozawa. A conversation was held having to do with the relation of Mrs. Ozawa and the defendant. According to the people’s witnesses, Ozawa ordered the defendant to leave the house and the defendant fired shots at the complaining witness. Two of these struck him. The defendant and Ozawa both went out of the house and the defendant fired further shots, but these did not strike Ozawa.

The defendant denied shooting Ozawa and claimed that he was the one who was attacked and that the shots were fired in a struggle, but denied that the revolver was at any time in his hands. The evidence of the Ozawas sustains the jury in returning a verdict of “guilty of assault with intent to commit murder.”

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The defendant testified as an explanation of his being at tfie Ozawa home that he went there to remove a misunderstanding existing between Mrs. Ozawa and himself. In deciding whether, the Ozawas version of the affair was

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the truth or that stated by the defendant, and especially as to his claim that he was attacked by the complaining witness and his wife, it was important that the jury determine for what purpose defendant came to the Ozawa home. It is quite possible that, where the participants and only persons having first hand knowledge of the encounter flatly contradict one another, the element of motive might, in the mind of the jury, be determinative in deciding where lay the truth in the whole matter. The defendant evidently regarded this as important for he carefully explained to the jury his purpose in going to Ozawa’s residence.

The contentions of the defendant in this appeal have to do Avith alleged error in the introduction of evidence having a bearing on the question of motive and the refusing and giving of certain instructions. The district attorney attempted to show that the defendant had endeavored to induce Mrs. Ozawa to leave her husband and go with him and in this attempt had, among other things, threatened to kill her if she did not accede to his demands. During the taking of testimony on the people’s ease in chief, the court sustained objections to questions calling for answers of this character. Regardless of whether or not they were then proper, when the defendant took the stand and told his story they became so as cross-examination. At this time the objections of the defendant were overruled. Later Mrs. Ozawa was produced as a witness and in rebuttal testified to the threats of the defendant which he had denied and which according to her testimony were made in an endeavor to induce her to leave her husband and enter into unlawful relations with the defendant. We think this evidence was clearly admissible.