Muir

A jury convicted defendant of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.)

On appeal the judgment is mainly attacked on the basis that the evidence was insufficient to support the verdict. The facts are confusing and the evidence that it was defendant who committed a brutal attack on the victim, Mrs. Anderson, is admittedly circumstantial, but after a thorough review of the record we cannot say that the jury unreasonably rejected “all that undermines confidence” in the prosecution’s case. (People v. Hall, 62 Cal.2d 104, 112 [ 41 Cal.Rptr. 284 , 396 P.2d 700 ].)

The facts of the case are well known to the parties and need not be repeated at length: having received the bad news of his divorce on the day the crime was committed, defendant proceeded to get drunk to the point where he claimed he lost consciousness. It is not contended, however, that the evidence below was such that the jury was bound to believe this claim. The victim, Mrs. Anderson, was struck by someone while she was having an after hours cup of coffee in the restaurant where she worked. This was at about 11 p.m. She could not tell whether she was hit by an object or a hand.…