PEOPLE v. PRICE

Docket No. 3577.

186 Cal.App.2d 851 (1960)

9 Cal. Rptr. 256

THE PEOPLE, Respondent, v. LURDIE PRICE, Appellant.

Court of Appeals of California, First District, Division One.

November 29, 1960.


Attorney(s) appearing for the Case

Richard A. Bancroft, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Joseph I. Kelly, Deputy Attorneys General, for Respondent.


DUNIWAY, J.

Defendant was convicted of assault with a deadly weapon (Pen. Code, § 245), and he appeals. The evidence is ample to sustain the conviction, and appellant does not contend otherwise. Through court-appointed counsel, he urges error in that the court did not specifically instruct the jury that the burden of proof was on the state. Both sides waived written instructions, and defendant did not request any instruction upon the subject of burden of proof...

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