Blake

People v. Blake

Good Law
1971 Cal. App. LEXIS 1065·21 Cal. App. 3d 211·98 Cal. Rptr. 409
Court of Appeal of CaliforniaNovember 15, 1971Crim. 6149California2,934 words

Opinion

Opinion

Bray, J.

Defendant appeals from judgment after a jury verdict of the Butte County Superior Court, convicting him of violation of Penal Code sections 242 and 243.

Questions Presented

1. The evidence is sufficient.

2. No error in instructions.

3. Denial of motion for change of venue proper.-

4. Photographs properly excluded.

Record

An information was filed in the Butte County Superior Court charging defendant with violation of Penal Code sections 242 and 243 (battery on a police officer). His motions for change of venue, certification to juvenile court, and for dismissal of the information under Penal Code section 995 were denied. After a trial, the jury found defendant guilty as charged. His motion for new trial was denied. Pursuant to Penal Code section 1203.03, defendant was placed temporarily in the Medical Facility at Vacaville. Defendant’s application for probation was granted, and the imposition of sentence was suspended for three years. Defendant appealed in propria persona. However, he is represented on the appeal by counsel of his own selection.

1. The Evidence Is Sufficient

Officer Madden, a patrolman in the Oroville Police Department, accompanied by Captain…

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