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PEOPLE v. CHAVARRIA

Docket No. 482.

276 Cal.App.2d 66 (1969)

80 Cal. Rptr. 600

THE PEOPLE, Plaintiff and Respondent, v. JAMES RUBEN CHAVARRIA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 11, 1969.

Attorney(s) appearing for the Case

Neil A. Helding, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edsel W. Haws and David L. Wasserman, Deputy Attorneys General, for Plaintiff and Respondent.

GARGANO, J.

Appellant, James Ruben Chavarria, appeals from a judgment entered on the jury's verdict finding him guilty of assault with a deadly weapon in violation of Penal Code section 245. The facts, when viewed in the light most favorable to respondent, are these:

Appellant's brother, Thomas Chavarria, and Homero Mendiola were driving their respective automobiles on the afternoon of June 26, 1967, when they almost collided at an intersection

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