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PEOPLE v. MUELLER

Docket No. 5668.

147 Cal.App.2d 233 (1956)

305 P.2d 178

THE PEOPLE, Respondent, v. ELLWOOD MARTIN MUELLER, Appellant.

Court of Appeals of California, Second District, Division Two.

December 27, 1956.

Attorney(s) appearing for the Case

Ball, Hunt & Hart and Clark Heggeness for Appellant.

Edmund G. Brown, Attorney General, and Joan D. Gross, Deputy Attorney General, for Respondent.

ASHBURN, J.

Defendant, having been charged with assault with a deadly weapon upon one Dene Qualls (Pen. Code, § 245), was convicted and sentenced to serve three months in the county jail. He appeals from the judgment and an order denying his motion for new trial. Prejudicial errors in the matter of instructions and misconduct of the deputy district attorney are asserted.

Assault was immediately followed...

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