Hudson

This is an appeal from a judgment of conviction of assault by means of force likely to produce great bodily injury.

In an amended information filed in Los Angeles County on July 7,1965, defendant was charged in count I with assaulting Joe E. Brown with a deadly weapon on January 3, 1965, and in count II with assaulting Joe E. Brown by means of force likely to produce great bodily injury on January 3, 1965. Defendant pleaded not guilty and in a trial by jury defendant was found guilty of the charge as contained in count II of the information. Count I was dismissed. Defendant was sentenced to the state prison, the sentence suspended and defendant was placed on probation for four years. A timely notice of appeal was filed.

A résumé of some of the facts is as follows:

At about 10 p.m. on January 3, 1965, Joe E. Brown and two companions were crossing Hugo Street when a passing *448 automobile almost struck them. Brown and his companions found it necessary to jump back into the sidewalk area to avoid being hit by the car. Inquiry was made of the people in the ear what was wrong. Brown was about to walk away when he saw defendant and three other men getting out of the ear and coming…