Supreme Court of California
42 P.2d 308 (1935)
Miller (defendant) threatened to kill a man named Albert Jeans. Later that day, Jeans was at work on a hop ranch owned by Ginochio, who was also the town constable. Miller entered the field and began walking directly towards Ginochio with a rifle in hand. At one point, he paused and seemed to be loading his rifle, but he did not aim his rifle at any time. As soon as Jeans saw Miller approaching, he fled. Miller continued towards Ginochio until he reached him. Ginochio then took the rifle from Miller, who did not resist.
Rule of Law
Holding and Reasoning (Shenk, J.)
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