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PEOPLE v. DAVIS

Docket No. 6244.

260 Cal.App.2d 211 (1968)

67 Cal. Rptr. 35

THE PEOPLE, Plaintiff and Respondent, v. JAMES DAVIS, Defendant and Appellant.

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

March 20, 1968.

Attorney(s) appearing for the Case

James Davis, in pro. per., and J.A. Morales, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and James B. Cuneo, Deputy Attorneys General, for Plaintiff and Respondent.

SHOEMAKER, P.J.

Defendant James Davis appeals from a judgment convicting him of first degree robbery and assault with intent to commit murder. [1] Defendant raises but one argument on appeal: that the trial court, while instructing the jury, made a comment1 of the character which was held erroneous and prejudicial in People v. Brock (1967) 66 Cal.2d 645 [

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