MUSSELL, J.
Defendant was charged with the crime of assault by means of force likely to produce great bodily injury, a felony (Pen. Code, § 245), committed upon Kay Williams Spreckels on or about August 20, 1953. A jury trial was had which resulted in a verdict finding the defendant "Guilty of the crime of Misdemeanor, to wit, Simple Assault, a lesser offense necessarily included within the crime charged." Defendant's motion for a new trial and application for...
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