Phillips

The defendant, Eugene Floyd Phillips, and his sister-in-law, Katherine E. Phillips, were jointly charged with felonious assault as denounced by section 245 of the Penal Code; the crime was alleged to have occurred as follows: “. . . said Eugene Floyd Phillips and Katherine Phillips on or about the 14th day of July, A.D. 1965, at the County of Tulare, State of California, and before the filing of this Information, did willfully, unlawfully, and feloniously commit an assault upon the person of Robert Gene Daniels by means of force likely to produce great bodily injury. ’ ’

As to both defendants, the jury brought in a verdict of guilty, but since Katherine Phillips did not appeal, Eugene Floyd Phillips is the only appellant; he was denied probation and sentenced to state’s prison.

The evidence is clearly sufficient to sustain the conviction. In fact, the appellant does not claim otherwise. His position on the appeal is that there were errors committed by the trial court, consisting chiefly of the admission of evidence as to what the victim told a police officer shortly after the assault, to justify that officer’s action in breaking down the door of the room in which the defendants…