People v. Day

LENNON, J.

The indictment contained two counts. The first count accused the defendant, Grace Bernice Day, of the crime of assault with a caustic chemical, a felony, committed as follows: “ ... on or about the 23rd day of February, 1925, at and in the . . . County of Los Angeles, State of California, the said defendants, Grace Bernice Day and Carlyn Lundstrom did wilfully, unlawfully, maliciously and feloniously place and throw upon the person of another, to-wit, one Darby Day, the younger of that name, a human being, a certain corrosive acid and caustic chemical, to-wit: nitric acid, with the felonious intent then and there and thereby to injure the flesh and disfigure the body and person of the said Darby Day. ’ ’

Count two charged as follows: “For a further and separate cause of action, being a different statement of the same offense as that set forth in Count I hereof, the said Grace Bernice Day and Carlyn Lundstrom . . . did then and there wilfully, unlawfully, violently and feloniously place and throw a certain corrosive acid and caustic chemical, to-wit: nitric acid, upon the head, body and person of one Darby Day, the younger of that name, a human being, which said throwing and placing of said acid upon the person of the said Darby Day, as aforesaid, did then and there cause grievous and serious and permanent bodily injuries to the said Darby Day, and was then and there exerted against the said Darby Day by the said defendants by means likely to, and which did, produce great bodily injury to the said Darby Day. ’ ’

The following verdicts were brought in by the jury: “We, the Jury in the above entitled action, find the Defendant Grace Bernice Day guilty of Assault with a Caustic Chemical, a felony as charged in Count No. 1 . . . ” and “We, the Jury in the above-entitled action, find the Defendant Grace Bernice Day not guilty as charged in Count No. 2 of the Indictment. ’ ’ Carlyn Lundstrom was acquitted by the jury under both counts of the indictment. The defend

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ant was sentenced to San Quentin for the term prescribed by law for the crime of assault with a caustic chemical.

The appeal is from the judgment and from the order denying defendant’s motion for a new trial.