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PEOPLE v. FLEMING

Docket No. 3859.

191 Cal.App.2d 163 (1961)

12 Cal. Rptr. 530

THE PEOPLE, Respondent, v. THOMAS J. FLEMING, Appellant.

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

April 13, 1961.

Attorney(s) appearing for the Case

Richard H. Merrill, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Derald E. Granberg, Deputy Attorneys General, for Respondent.

KAUFMAN, P.J.

By information, the appellant, Thomas J. Fleming, and one John Taylor, were charged with two counts of assault with the intent to commit murder (Pen. Code, § 217). The appellant was also charged with several prior convictions and admitted these. The appellant and Taylor were tried together by a jury and found guilty of two counts of the lesser included offense of assault with a deadly weapon (Pen. Code, § 245). On this appeal from the judgment...

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