Frank

The appellant was charged with the crime of assault with a deadly weapon with intent to commit murder and prior convictions of felonies. A jury returned a verdict of guilty of assault with a deadly weapon. He appealed from the resultant judgment.

The denial of a motion to strike said allegations of prior convictions, and of the defendant’s motion to withdraw his plea with respect thereto, as well as the contention that a plea of former jeopardy on account of such charges entitled the defendant to offer evidence in support thereof, are identical with questions considered in People v. Frank, Crim. No. 2404 ( 132 Cal. App. 360 [ 24 Pac. (2d) 905 ]), and need not be reviewed here.

The sufficiency of the evidence to sustain the verdict and judgment is attacked by the appellant, but a careful examination of the record does not reveal the discrepancies claimed. There was testimony of two witnesses that upon returning home at dusk during an evening the defendant emerged from the rear of a house, pointed a 38-caliber revolver at one of them, was overpowered, and the weapon was taken from him, after which he escaped.

It is insisted that it was error to present to the jury a charge of an…