SCHOTTKY, J.
Appellant was charged by information with two violations of section 245 of the Penal Code, to wit: assault with a deadly weapon. The assaults were alleged to have been committed with a pistol upon the persons of Leon Calkins (count 1) and James Shirley (count 2) on October 10, 1952. Following a trial, appellant was found guilty on count 2 and not guilty on count 1. Appellant's motion for a new trial was denied and judgment was pronounced sentencing appellant...
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