An indictment charged defendant in count I with assault with a deadly weapon upon a peace officer, Alfred Elia (Pen. Code, § 245, subd. (b)), in count II with battery upon a peace officer, Donald Kemper (Pen. Code, §§ 242, 243), and in count III with assault with intent to murder Officer Elia (Pen. Code, § 217). A jury found him guilty on counts I and III and not guilty on count II, and the...
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