Carr

Defendant was charged with the crime of assault with a deadly weapon. A trial by jury was duly waived. He was tried and convicted of the crime, and an appeal was taken from the order denying his motion for a new trial and from the judgment. The ground for the appeal is that the evidence was insufficient to support the judgment.

First, it is claimed that the implied finding that a deadly weapon was used is unsupported.

The victim of the assault was a cab-driver. He received a telephone request to call at the Abbey Apartments in Oak land. He testified that shortly after his arrival there he was assaulted by three men, one of whom was the defendant; further, that he was struck several times with what appeared to be an iron pipe about two or two and a half feet long, its diameter being from one-half to three-quarters of an inch. His head and face were bruised and cut. The driver’s testimony as to the circumstances was corroborated by the manager of the apartment house, who was present and who followed the attackers to the street. The latter entered an automobile, which was parked near the entrance, and as the witness approached the automobile one of its occupants threw an iron bar…