Adams

Defendant Jerald Abbot Adams was charged with assault with intent to commit murder (Pen. Code, § 217) and discharge of a firearm at an occupied building (Pen. Code, § 246). After opening statements at the commencement of the original trial, the court granted Adams’ motion for mistrial on the ground the district attorney had not previously given Adams’ counsel discovery of tapes and other evidence pertaining to the hypnosis of a key prosecution witness on the issue of identification. Upon the second trial, defense counsel moved to exclude testimony of victim-witness Phyllis Taylor on the ground her memory of the incident had been affected by hypnosis before the first photographic lineup and the live lineup. Counsel also argued the photographic lineup shown to Taylor was unfair and unduly suggestive. The trial court denied these motions as well as a defense motion to exclude testimony concerning a sawed off .22 caliber rifle found in a car in which Adams was a passenger. The jury found Adams guilty of assault with a deadly weapon (a lesser included offense of the charge of assault with intent to commit murder) and of discharging a firearm at an inhabited dwelling. Adams was…