People v. James

McCOMB, J.

Prom a judgment of guilty of violating section 245 of the Penal Code (assault by means of force likely to produce great bodily injury), after trial before the court without a jury, defendants appeal.

Facts:

*

At approximately 12:45 a. m. on July 3, 1954, defendants were walking west on Fifth Street in Los Angeles. The complaining witness, Mr. Harris, who was also walking west passed defendants and stopped. Defendant Johnson struck him in the face, knocking him to the sidewalk, whereupon both defendants picked up Mr. Harris and dragged him into an alley at 521 East Fifth Street.

Police Officer Adams saw the assault, followed the two men into the alley where he found them bending over Mr. Harris who was lying between two parked cars. As Officer Adams approached, defendants began to run, but when he identified himself as a police officer, they stopped and were placed under arrest.

Mr. Harris was taken to the receiving hospital where he was treated for a possible nose fracture. He had a black eye, a few loose teeth and was bleeding about the face.

Questions:

First:

Was there substantial evidence to support a judgment of conviction of assault by means of force likely to produce great bodily injury f

Yes.

The evidence of Police Officer Adams, coupled with the following two photographs [p. 480], which were taken of Mr. Harris approximately one hour after the assault, clearly sustain the trial court’s finding that defendants were guilty of violating section 245 of the Penal Code in that they assaulted the complaining witness with intent to produce great bodily injury, and in fact had done so.

[480]

Further discussion of the evidence would serve no useful purpose. (See

Thatch

v.

Livingston,

13 Cal.App.2d 202, 203 [56 P.2d 549].)