Brown

Defendant by an indictment was charged with the crime of assault by means and force likely to produce great bodily injury, as provided in section 245 of the Penal Code. To this charge he entered three pleas: That of not guilty, once in jeopardy, and former acquittal. As to the two last pleas, the jury found for the people and rendered a verdict that defendant was guilty of an assault. Judgment followed, from which this appeal is prosecuted.

[1] The charge in the indictment is that defendant committed an assault by means and force likely to produce great bodily injury in “that the said H. W. Brown, Sr., . . . did willfully, unlawfully, feloniously and forcibly make an assault upon the person of one Henry West Brown, Jr., by means and force likely to produce great bodily injury, in this, that he, the said H. W. Brown, Sr., did then and there whip, strike, beat, bruise and cut the said Henry West Brown, Jr., with a rawhide whip upon the naked body of him, the said Henry West Brown, Jr., which said whipping, striking, beating, bruising and cutting with said rawhide whip as aforesaid, upon the naked body of the said Henry West Brown, Jr., was likely to and did produce great bodily…