Townsend

Defendant James Lee Townsend was charged by information with having committed felony batteries upon Officers Everett Bentley (count I) and Andrew Heider (count II) in violation of Penal Code sections 242 and 243. A jury found defendant guilty on count I, but not guilty on count II. Defendant’s motion for a new trial and request for probation were denied, and he was sentenced to state prison with the minimum term specified to be six months (Pen. Code, § 1202b). Defendant appeals from the judgment of conviction.

Contentions on Appeal

The errors alleged to have been committed by the trial judge pertain to evidentiary matters and to inadequate instructions of the jury, more specifically, (1) evidence tending to prove Officer Bentley’s bias was improperly excluded, (2) the testimony of witness Hornbeck was not proper rebuttal, (3) the evidence did not establish that Officer Bentley was engaged in the performance of his duties at the time of the alleged battery, (4) the instructions pertaining to battery were inadequate, (5) the court erred in not instructing on the lesser included offense of assault on a police officer in violation of Penal Code sections 240 and 241, and (6)…