PEOPLE v. BRYAN

Docket No. 3852.

190 Cal.App.2d 781 (1961)

12 Cal. Rptr. 361

THE PEOPLE, Respondent, v. KENNETH EVERETTE BRYAN, Appellant.

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

April 4, 1961.


Attorney(s) appearing for the Case

Martin N. Pulich, Public Defender, John D. Nunes, Chief Assistant Public Defender, Stephen W. Shaughnessy and R. Donald Chapman, Assistant Public Defenders, for Appellant.

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


BRAY, P.J.

Defendant appeals from a conviction, after jury verdict, of violation of section 203, Penal Code (mayhem), and from the denial of his motion for new trial.

QUESTIONS PRESENTED

1. Exclusion of offered testimony by judo expert.

2. Refusal to instruct that battery is an included offense.

EVIDENCE

Rodolphe Andre, who had had two or three drinks at the Garden Inn, arrived at Millie's Café about 12:45 a.m. There...

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