Marsh

People v. Marsh

Good Law
1963 Cal. App. LEXIS 1833·218 Cal. App. 2d 698·32 Cal. Rptr. 595
Court of Appeal of CaliforniaJuly 29, 1963Crim. No. 8699California1,048 words

Opinion

Lead Opinion

Wood, J.

In a non jury trial defendant was convicted of assault with a deadly weapon, a felony. He appeals from the judgment.

Appellant asserts that the evidence is insufficient to support the judgment.

On April 28, 1962, about 7 p.m., while James Hill was in a café, the defendant came to him and said that he wanted some money, and that he would give it back. Hill gave him $2.00. Then defendant took a roll of money from his pocket and said, “I really didn’t need it, but I just wanted to get some of yours.” Hill asked defendant to return his money. Defendant, after saying that he was going to get some change, went into a market which was about 100 feet from the café. Hill went to the market and waited outside for defendant to return. Hill testified that when defendant came out of the market he asked defendant for the money, and *700 ■then defendant hit him in the face with something and they started to fight; while they were fighting, the defendant cut him 10 times—he was cut on his chest, face, arm, and leg; the cuts were deep, his nose and lip were ‘‘cut completely through,” and 200 stitches were required; Melvin Hill, the brother of the victim, stopped the fighting; James Hill (victim)…

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