Lathus

After jury trial appellant was convicted of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a), and shooting on a public highway in violation of Penal Code section 374c. He appeals from the judgment entered on the jury’s verdict. Appellant also requests review of the denial of his Penal Code section 995 motion to set aside the information (People v. Triggs, 8 Cal.3d 884, 887-888, fn. 2 [ 106 Cal.Rptr. 408 , 506 P.2d 232 ]); he contends that the evidence presented at the preliminary hearing, like the evidence presented at the trial, did not support the charge of assault with a deadly weapon.

On July 21, 1972, Michael Pinson and Sarah McKenzie were traveling north on Highway 99 in Miss McKenzie’s Oldsmobile when the left front tire went flat. Pinson, the driver, stopped the vehicle on the side of an off ramp to change the tire. After jacking up the front end of the automobile, Pinson walked to the rear of the vehicle to get a tool from the car trunk. On the way back he stopped to talk to Miss McKenzie who was seated on the front seat on the passenger side; the front right door was open, and the young man rested one arm on the top of the…