Horton

Defendant-appellant appeals from a conviction for felonious assault, as defined by Penal Code, section 245, prohibiting an assault “by any means of force likely to produce great bodily injury." The appellant assigns as his sole claim of error that his conviction was based upon the testimony of an accomplice, one Bernard James Walker, and that such testimony was not corroborated, as required by Penal Code, section 1111. That section provides:

The facts, as revealed by the record, furnish a complete answer to the appellant’s contentions. On July 4, 1961, there was a celebration at Fairmount Park in Riverside, California. During the evening of that day, a group of Negroes, estimated at twenty, successively attacked individual white boys, inflicting rather grave injuries upon them. Two prosecutions were commenced and the eases were tried together. The appellant and others were defendants in both cases.

The first case involved an attack upon a serviceman, Billy Clyde Ray, who was at the park with a girl friend whom he subsequently married. Ray was set upon by the gang, was knocked to the ground, kicked in the face and was severely injured. The evidence revealed that prior to the…