Booher

In a jury trial defendant was convicted of assault in violation of sections 240/241 of the Penal Code (attempt to commit violent injury upon a peace officer, Anthony R. Panzica, while engaged in his duties). He was sentenced to imprisonment in the county jail for 120 days. He appeals from the judgment.

It appears that on February 20,1970, uniformed and armed Los Angeles City Police Officer Panzica and others were engaged in the dispersal of a group of demonstrators before a branch of the Bank of America in West-wood. In the course of the dispersal effort this officer attempted to arrest one of the demonstrators. In the process Officer Panzica became involved in violent physical straggle with the individual. Defendant, a U.C.L.A. student not unfamiliar with the art of demonstration, attended the gathering armed with a can of Protect U, a mace-like substance ordinarily used for self-protection in case of attack. In an effort to assist the individual being arrested by Officer Panzica (who Booher claimed was in danger of being choked to death by the officer), Booher sprayed the mace into the officer’s face so that the officer would let go of the arrestee. The spray caused a…