Docket No. 2643.

142 Cal.App.2d 160 (1956)

298 P.2d 56

THE PEOPLE, Respondent, v. FRANK JENNINGS, Appellant.

Court of Appeals of California, Third District.

June 8, 1956.

Attorney(s) appearing for the Case

J. Everett Barr and Gerald L. Shannon for Appellant.

Edmund G. Brown, Attorney General, Doris H. Maier and J.M. Sanderson, Deputy Attorneys General, for Respondent.


Appellant herein was charged by information with the crime of assault with a deadly weapon with intent to commit murder. He was tried to a jury and found guilty of the included offense of assault with a deadly weapon. The following is a sufficient statement of facts to enable us to consider the assignments of error. We have stated them most favorably in support of the judgment, as we must on appeal.

About 10 p.m. on March 15, 1955, in the small...

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