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PEOPLE v. NEY

Docket No. 4969.

238 Cal.App.2d 785 (1965)

48 Cal. Rptr. 265

THE PEOPLE, Plaintiff and Respondent, v. ERVING EUGENE NEY, Defendant and Appellant.

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

December 17, 1965.

Attorney(s) appearing for the Case

Herbert R. Kessler and Mervyn Schneider for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edward P. O'Brien and Paul N. Halvonik, Deputy Attorneys General, for Plaintiff and Respondent.

SULLIVAN, P.J.

Defendant was charged in an information with mayhem (Pen. Code, § 203), assault with intent to commit murder (Pen. Code, § 217) and assault with a deadly weapon (Pen. Code, § 245). He pleaded not guilty to each of the three counts. Thereafter the court granted defendant's motion to sever count three from counts one and two and ordered that the cause proceed to trial on the first two counts. (Pen. Code, § 954.) A jury found defendant...

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