Basnett
People v. Basnett
Opinion
Opinion
Coughlin, J.
The information filed against the defendant charged him in the first count thereof with the offense of assault with intent to commit murder, being a violation of section 217 of the Penal Code, and in the second count thereof with the offense of robbery, being a violation of section 211 of the Penal Code; and alleged four prior convictions. He was tried by a jury which rendered a verdict of guilty of assault with a deadly weapon as to the first count, being a lesser and included offense, and of robbery in the second degree as to the second count. The prior convictions were admitted. A motion for a new trial was denied and judgment of imprisonment in the state prison for each offense, the sentences to run concurrently, was pronounced. Prom the “verdict and judgment rendered against him ’ ’ the defendant appeals. No appeal lies from a verdict. (People v. Ruiz, 144 Cal. 251, 252 [ 77 P. 907 ] ; People v. Falk, 113 Cal.App.2d 857, 858 [ 249 P.2d 60 ]), and the attempted appeal therefrom should be dismissed.
The defendant contends that the judgment should be reversed because, (1) the evidence is insufficient to sustain the verdict of guilty of either offense; (2) the verdicts which…