PEOPLE v. MOSQUEDA

Docket No. 676.

5 Cal.App.3d 540 (1970)

85 Cal. Rptr. 346

THE PEOPLE, Plaintiff and Respondent, v. ROBERT MOSQUEDA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 17, 1970.


Attorney(s) appearing for the Case

COUNSEL

Eugene W. Krum, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Jack R. Winkler and Willard F. Jones, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARGANO, J.

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of grand theft in violation of section 487 of the Penal Code and assault with a deadly weapon in violation of section 245 of the Penal Code. He contends that the court erroneously instructed the jury as to the definition of an assault with a deadly weapon; he also maintains that he is entitled to a new trial, first, because...

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