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PEOPLE v. MORT

Docket Nos. 50, 72.

214 Cal.App.2d 596 (1963)

29 Cal. Rptr. 650

THE PEOPLE, Plaintiff and Respondent, v. CLINTON WAYNE MORT, Defendant and Appellant. (Two Cases.)

Court of Appeals of California, Fifth District.

March 28, 1963.

Attorney(s) appearing for the Case

C. Ernest Rushing for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.

STONE, J.

Defendant was convicted after trial to a jury, of the crime of assault with a deadly weapon, violation of Penal Code section 245. The evidence, viewed in the light most favorable to the People (People v. Caritativo, 46 Cal.2d 68, 70 [292 P.2d 513]), reveals that the assault occurred in a tavern on December 31, 1962, about...

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