Beachem

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of violating Penal Code section 245, subdivision (b) (assault with a deadly weapon upon a peace officer). Two prior felony convictions were admitted. At defendant’s request, upon advising the court that he was presently serving time in prison and was not eligible for probation, sentence was immediately pronounced committing him to state prison for the term prescribed by law, the term to run consecutively to any other term he was currently serving.

The action arose from an occurrence in the San Diego County Jail where defendant was incarcerated. On the night of January 5, 1963, defendant was requested to return to his cell, and when he refused, he was told by a peace officer that if he did not return voluntarily it would be necessary to forcibly place him in the cell. Defendant stated, “If you come in here, somebody’s going to get hurt.” When two peace officers took steps to put defendant back in his cell, he resisted, swinging a broomstick handle with his left hand and using a razor blade in the right. One of the officers bled profusely from wounds apparently caused by the razor blade.

Defendant had…