Patterson

Defendant was charged by information with the commission of an unlawful assault upon one Ted Carter by means of force likely to produce great bodily injury. The crime charged constitutes a violation of section 245 of the Penal Code. After trial by jury the verdict of guilty was returned and this appeal is from the judgment of conviction.

It is contended that the judgment of conviction must be reversed for the following reasons: Denial to defendant of a fair and impartial jury trial resulting from an arbitrary restriction of the veniremen to the Oroville section of the vicinage, that the verdict of the jury is contrary to law, that the evidence is insufficient to support the verdict, and that the court erred in certain rulings in regard to the admission of evidence.

The circumstances connected with the assault upon Ted Carter, which resulted in his receiving a number of wounds inflicted with a knife, may be fairly summarized as follows:

All parties concerned with, the affray which resulted in the commission of the assault in question were, on the evening of October 4, 1942, present at an establishment whose business was the sale for consumption on the premises of light wines and…