Wilson

The People have appealed from an order of the Superior Court of Humboldt County dismissing an information which charged the respondent, Jack Wilson, with a violation of section 245 of the Penal Code (assault with a deadly weapon).

About midnight October 3, 1959, James Michael Mandoli and James McManus entered Toby and Jack’s Bar in Areata. Both men had been drinking. They sat at the bar next to the former wife of McManus. The two men had several drinks. Suddenly McManus hit a man named Santoro who was sitting on the other side of McManus’ former wife. A man by the name of Turner attempted to grab McManus but Mandoli pushed Turner to the floor. McManus and Santoro, who by this time were on the floor, were wrestling. Apparently no blows were being struck. While the altercation was going on, Jack Wilson, one of the bartenders and the respondent herein, came out from behind the bar with a club about 18 inches long (apparently the butt end of a billiard cue), proceeded to the area where the two men were wrestling and began hitting them with the club. McManus was hit three or four times on the head. Thereafter Mandoli went to assist McManus from the bar. McManus collapsed once before…