People v. Wilson

WARNS, J. pro tem.

*

The People have appealed from an order of the Superior Court of Humboldt County dismissing an information which charged the respondent, Jack Wilson, with a violation of section 245 of the Penal Code (assault with a deadly weapon).

About midnight October 3, 1959, James Michael Mandoli and James McManus entered Toby and Jack’s Bar in Areata. Both men had been drinking. They sat at the bar next to the former wife of McManus. The two men had several drinks. Suddenly McManus hit a man named Santoro who was sitting on the other side of McManus’ former wife. A man by the name of Turner attempted to grab McManus but Mandoli pushed Turner to the floor. McManus and Santoro, who by this time were on the floor, were wrestling. Apparently no blows were being struck. While the altercation was going on, Jack Wilson, one of the bartenders and the respondent herein, came out from behind the bar with a club about 18 inches long (apparently the butt end of a billiard cue), proceeded to the area where the two men were wrestling and began hitting them with the club. McManus was hit three or four times on the head. Thereafter Mandoli went to assist McManus from the bar. McManus collapsed once before Mandoli was able to get him out of the bar. Both Mandoli and McManus then went to the police station and from there police officers took McManus to the hospital. A doctor in the emergency room of the hospital placed several stitches in McManus’ head in order to close the wound.

On October 6,1959, at Toby and Jack’s Bar, the respondent upon being informed by a deputy sheriff of the warrant for his arrest went behind the bar, got the club in question and

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turned it over to the deputy at his request. The respondent was then taken into custody.

During the course of the preliminary hearing counsel for the respondent attempted to impeach James Michael Mandoli, the prosecution’s witness, by asking him on cross-examination whether or not it was true that about three or four months prior to the perpetration of the alleged crime herein the respondent had him arrested on his (respondent’s) complaint for throwing some glasses at the back bar of apparently the same establishment involved herein, and that as a consequence he entered a plea of guilty and was fined $50. The district attorney objected to the question on the ground that a misdemeanor conviction could not be used to impeach a witness. Respondent’s argument that this was proper impeachment because it would test the credibility of the witness and show bias was not accepted by the magistrate and the objection was sustained. No further evidence was offered by either side. The magistrate ordered that the respondent be held to answer to the charge, presumably in accordance with the provisions of section 872 of the Penal Code, and an information was filed in the superior court charging the respondent with a violation of section 245 of the Penal Code. Upon his arraignment the respondent moved to set aside the information under the provisions of section 995 of the Penal Code. The motion was granted and this appeal followed.