People v. Mason

This is an appeal from a judgment of conviction of the crime of assault with a deadly weapon with intent to commit murder, and from the order denying defendant’s motion for a new trial.

Defendant was tried before a jury and convicted of the crime of assault with a deadly weapon with intent to commit murder. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The uncontradicted facts appearing in the record before us are that: Defendant married Joleen Nugent in July, 1958. The marriage was stormy, and defendant herein brought suit for divorce which was followed by a cross-complaint by Joleen for a divorce on her own behalf. June 4, 1959, Joleen was in the hospital where she had given birth to a child. Defendant on the same day secured a .25 calibre automatic pistol, loaded it, placed 26 additional rounds of ammunition in bis pocket, and drove to the airfield where the business of Joe Nugent (father of Joleen) was located. After a few minutes of friendly conversation with some of Nugent’s employees and without any indication or suggestion of anger on his part, he approached the door of Nugent’s office. As Nugent came out of the office,…