Lindstrom

Defendant was charged with the commission of crime in three counts, two of kidnaping and one of assault with a deadly weapon. Pie was acquitted under the latter count but was convicted under the other two. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The sole point made by appellant is that the evidence was insufficient to support the verdict, this for the reason that he committed, under coercion, the acts upon which the kidnaping charges Mrere based. That he so acted, he says, is shown by undisputed evidence.

“All persons are capable of committing crimes except those belonging to the following classes: . . . Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menace sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused” (Pen. Code, sec. 26). See, also, as defining the import of this language of the section, People v. Saunders, 82 Cal. App. 778 [ 256 Pac. 251 ]. In the present case the trial judge gave the jury this very proper statement of the law: “You are instructed that if you…