People v. Glick

McCOMB, J.

After trial before the court without a jury defendant was found guilty of two counts of assault with a deadly weapon with intent to commit murder. From the judgment defendant appeals.

The evidence being viewed in the light most favorable to the People (respondent) discloses:

On December 2, 1950, defendant fired a pistol at his wife and her daughter by a previous marriage, intending to kill them.

Questions:

First:

Is the evidence sufficient to sustain the findings that defendant (1) perpetrated an assault, (2) used a deadly weapon, (3) had malice aforethought, a/nd (4) an intent to hill?

Yes.

Mrs. Glick and her daughter testified that as they were approaching their home at about 11:30 p. m. on the night of December 2,1950, they saw defendant in a taxicab, and as they started to cross the street the cab drove up in back of them and they saw defendant point a gun at them. As they started to run for safety Mrs. Glick looking over her shoulder saw the flash of gunfire. She hid behind a brick wall and her daughter behind a lamppost. When the shooting stopped the cab drove away.

Thereafter defendant was apprehended and had in his possession a revolver which had been recently discharged. Upon being questioned by the arresting officers defendant denied that he fired the gun or had been near the site of the shooting.

In addition, Mrs. Glick testified that she was separated from her husband and that on prior occasions he had threatened to kill both her and her daughter, and on one occasion he took a butcher knife and said, “I am going to kill you all.”

Clearly the foregoing evidence sustained the trial court’s implied finding of each of the questioned elements set forth above.

(1) and (2). The witnesses testified that defendant fired a revolver at them. Clearly this sustains the finding that defendant perpetrated an assault with a deadly weapon.

People

v.

Sylva,

143 Cal. 62 [76 P. 814], and

People

v.