Times Independent | 1923-04-12 | Page 8 | Decision in Burusco Assault Case Reversed

DECISION IN CASE the tate state supreme court on thursday reversed the decision in which javier Bu burasco rusco a french cr er was found guilty before jud judge 0 o dilworth woolley of the seventh judicial district court of an assault with a deadly weapon on G A liar hair ra elgin cattleman the alleged assault took place north of elgin ana the trial of the case was transferred to mantl where burasco and his ac raymond Tha were I 1 oth found guilty the attack was alleged to have oe occurred january 7 1921 1021 and resulted from an attempt on the part of mr harris to prevent burasco and our front driving some sheep over annd which the cattlemen claimed fired twice at harris with a rifle one of the bullets striking the mule on which tho the cattleman was riding it was charged that burasco shot at harris with an automatic in revising the decision chief justice justee t A J weber says that there was no substantial evidence that banasco shot at mr harris it is apparent that the appellant was convicted upon the evidence that was produced against Tha though no conspiracy or criminal collusion was shown between him and Bu burasco rusco the decision reads the me instruction as to conspiracy was incomplete and misleading and was without basis in the evidence and the record contains no evidence supporting the verdict has hai already served his sentence being released from the state pris prison on some time ago after an indeterminate term burasco has been in jail since his conviction