Ney

People v. Ney

Good Law

1965 Cal. App. LEXIS 1200·238 Cal. App. 2d 785·48 Cal. Rptr. 265

Court of Appeal of CaliforniaDecember 17, 1965Crim. 4969California7,363 words

Opinion

Sullivan, J.

Defendant was charged in an information with mayhem (Pen. Code, § 203), assault with intent to commit murder (Pen. Code, § 217) and assault with a deadly weapon (Pen. Code, § 245). He pleaded not guilty to each of the three counts. Thereafter the court granted defendant’s motion to sever count three from counts one and two and ordered that the cause proceed to trial on the first two counts. (Pen. Code, § 954.) A jury found defendant guilty of mayhem as charged in count one and of assault with a deadly weapon in violation of Penal Code section 245, a lesser and included offense within the crime of assault with intent to commit murder, as charged in count two. Defendant appeals from the judgment of conviction.

No question is raised before us as to the sufficiency of the evidence to support the judgment. Defendant contends that on a number of occasions the prosecuting attorney committed prejudicial misconduct. As we explain, we have concluded that some of the acts complained of have not been properly raised herein and those properly assigned as error do not compel a reversal in the light of the entire record. We therefore affirm the judgment.

In view of the issues, we need not…

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Parties

The PEOPLE
Plaintiff
ERVING EUGENE NEY
Defendant

Judges

Sullivan

Cites (49)

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39 Cal. 2d 719
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58 Cal. 2d 229
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50 Cal. 2d 702
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