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PEOPLE v. KIMBREL

Docket No. 10689.

120 Cal.App.3d 869 (1981)

174 Cal. Rptr. 816

THE PEOPLE, Plaintiff and Respondent, v. CALVIN KENNETH KIMBREL, Defendant and Appellant.

Court of Appeals of California, Third District.

June 24, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Julia Cline Newcomb, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BLEASE, J.

Defendant appeals from a conviction of assault with a deadly weapon, the use of a "whip cord."1 (Pen. Code, § 245, subd. (a).) Noting that the trial court instructed the jury that a "deadly weapon" was "any object, instrument, or weapon which is used in such a manner as to be capable of producing, and likely to produce, death or great bodily injury" (italics added) he contends...

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