Hutson

Defendant Michael Hutson, 21 years of age, was convicted January 21, 1966, by a jury of the crime of assault with a deadly weapon. (Pen. Code, § 245.)

Defendant raises three contentions on appeal: that his confession was involuntary and therefore erroneously admitted into evidence; that the court committed error by failing to instruct the jury with regard to defendant’s right to counsel and his right to remain silent; and that defendant was not advised of his right to appointed counsel at the interrogation.

On October 21, 1965, the car of Mrs. Donna Jaynes was fired upon by some unknown person while she was driving away from Nevada City. Mrs. Jaynes immediately returned to Nevada City where the car was photographed and certain bullet fragmants removed.

Subsequently, a Nevada City police officer found 32 or 34 empty cartridges near the scene of the shooting and two empty cartridges a slight distance away, near a pipeline which had earlier been punctured by many bullets. At a time shortly after the puncturing of the pipe defendant had been seen near the pipe carrying a .22 rifle. On October 29, 1965, the .22 rifle belinging to defendant was obtained from him upon request of local…