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PEOPLE v. HERD

Docket No. 8752.

220 Cal.App.2d 847 (1963)

34 Cal. Rptr. 141

THE PEOPLE, Plaintiff and Respondent, v. MELVIN JOE HERD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

October 4, 1963.

Attorney(s) appearing for the Case

Joseph H. Lewis for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and C. Anthony Collins, Deputy Attorney General, for Plaintiff and Respondent.

JEFFERSON, J.

Defendant was found guilty of committing an assault with a deadly weapon upon Bertha Lee Herd, in violation of section 245 of the California Penal Code. Probation was denied and he was sentenced to state prison for the term prescribed by law. He appeals from the judgment of conviction.

[1a] On the morning of June 23, 1962, defendant visited the home of his ex-wife, Bertha Lee Herd. That evening defendant and Mrs. Herd attended a...

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