Albori

Two indictments were returned by the grand jury of Los Angeles County against the defendant, both of them charging him with assault with intent to commit murder, one of them alleging that he did commit an assault with a deadly weapon upon the person of one Dominick Contemo, and the other that he committed an assault with a deadly weapon upon the person of Harry Judson. Verdicts of guilty of assault with a deadly weapon were returned by the jury and this appeal is from the judgments pronounced upon the verdicts and from an order denying the defendants’ motion for a new trial.

Before reviewing in detail the testimony which appellant says is insufficient to support the verdicts we shall address ourselves to the other specifications or assignments of error in the order set out in his brief, the first of which is that the court erred in refusing to give an instruction requested by him to the effect that the offense of assault is one necessarily included in the offense charged in the indictments, and instructed the jury that the defendant might “be convicted of either the crime of assault with a deadly weapon with intent to commit murder, or the crime of assault with a deadly weapon. ”…