Graham

Defendant, Claudelle Graham, Jr., appeals from a judgment of conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) that included the penalty enhancing finding that Graham used a firearm in the commission of the offense. (Pen. Code, § 12022.5.) The appeal lies. (Pen. Code, § 1237, subd. 1.)

Graham contends that the trial court committed error by: (1) allowing the People to introduce cumulative rebuttal evidence; (2) instructing the jury with regard to the limited admissibility of evidence tending to show his commission of other crimes; and (3) instructing the jury regarding the definition of an accomplice and the requirement that the testimony of an accomplice be viewed with distrust.

We have examined these contentions and hold that none constitutes reversible error. Therefore we will affirm the judgment of the trial court with a slight modification discussed at the end of the opinion.

Facts

In the early morning hours of February 6, 1977, the victim, Robert James, became involved in an altercation with Cynthia Richardson regarding a picture she took from his apartment during a visit. Shortly thereafter James received a telephone call at a neighbor’s…