Mortensen

Defendant was accused of assault with a deadly weapon, a felony (violation of Pen. Code, § 245). The assertion of the prosecution was that the assault, upon a police officer, was committed with an automobile. In a jury trial he was convicted. He was sentenced to imprisonment in the county jail for a year. He appeals from the judgment and the order denying his motion for a new trial.

A contention of appellant is that the evidence was insufficient to support the verdict.

' On March 7, 1961, while Officer Delgado was riding a motorcycle on the Pasadena Freeway in the performance of his duties as a traffic officer, he saw the defendant drive a 1951 Cadillac automobile in a weaving or side-to-side manner in the eastbound center lane of the freeway. After the officer had observed the defendant driving in such manner approximately one-half mile (from Riverside Drive to Avenue 26), the officer saw him change to the outside lane, while traveling about 50 miles an hour, by turning directly in front of a vehicle which was in the outside lane—and in so doing he forced the driver of the other vehicle “to brake suddenly” in order to avoid a collision. Thereupon the officer overtook the…