HERNDON, J.
Appellant was accused in count I of the information of an assault with intent to commit murder (Pen. Code, § 217) and in count II he was charged with burglary in that he entered a building with intent to commit assault with intent to commit murder, a felony (Pen. Code, § 459.) On November 21, 1957, after a nonjury trial, appellant was found guilty of assault with a deadly weapon (Pen. Code, § 245) on the theory that this was a lesser offense...
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