HERNDON, J.
In an information filed on August 15, 1960, appellant was charged with assault with a deadly weapon in violation of section 245 of the Penal Code. On September 7, 1960, appellant's motion under section 995 of the Penal Code was denied, whereupon he entered a plea of not guilty. Appellant waived a jury trial.
At the trial the prosecution introduced substantial evidence that on June 5, 1960, in the City of Los Angeles appellant, acting without provocation...
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