PEOPLE v. BERNALLEY

Docket No. 3737.

185 Cal.App.2d 326 (1960)

8 Cal. Rptr. 375

THE PEOPLE, Respondent, v. SAM BERNALLEY, Appellant.

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

October 17, 1960.


Attorney(s) appearing for the Case

Arthur D. Klang, 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.


KAUFMAN, P.J.

Defendant appeals from a judgment of conviction rendered on a jury verdict finding him guilty of violating section 245 of the Penal Code [assault with a deadly weapon], and section 203 of the Penal Code [mayhem]. The arguments made on appeal are that: (1) the evidence does not support the judgment, and (2) the trial court erred in admitting into evidence a declaration of the victim and in its instructions to the jury relating to the declaration.

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