Moles

This appeal, which was reinstated pursuant to Anders v. California, 386 U.S. 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1396 ], is from a judgment entered pursuant to a jury verdict of guilty of assault with a deadly weapon with intent to commit murder, violation of Penal Code section 217. Appellant was also convicted of conspiracy to commit an assault, violation of Penal Code section 182, subdivision 1, which was dismissed before sentence was imposed on the conviction under section 217.

The case arises from a brawl that took place in the Buckhorn Tavern on the outskirts of the City of Visalia, on the night1 of June 29, 1964. Some months earlier appellant and his nephew, Ronald Merchant, created a disturbance in the Buckhorn Tavern and, upon complaint of the proprietor, Ocie Jones, both were convicted of disturbing the peace. On several occasions thereafter they threatened to get even with Jones.

On the night in question, appellant and his nephew, accompanied by his brother, Robert Moles, and his brother-in-law, Roy Harp, drove to the Buckhorn Tavern between 10:30 and 11 p.m. Appellant and Merchant remained outside while Robert Moles and Harp entered the building. After going to…