People v. Zammora

WHITE, J. In an indictment returned by the Grand Jury of Los Angeles County the above named three appellants were charged in count I with the crime of murder and in counts II and III with the commission of the crime of assault with a deadly weapon with intent to commit murder.

Following a jury trial, all three appellants herein were acquitted of the charge of murder as set forth in count I.

Appellant Andrew Acosta was found guilty of the crime of assault, a lesser offense but one necessarily included in the offenses set forth in counts II and III of the indictment. Judgments were pronounced against him sentencing him to the [370]county jail for the term of six months on each count; the sentences to run consecutively.

Appellant Eugene Carpió was found guilty of the crime of assault with a deadly weapon, the same being a lesser and necessarily included offense in the crimes charged by counts II and III of the indictment. He was sentenced to the county jail for the term of one year on each count, and the court ordered said sentences to run concurrently.

Appellant Joseph William Valenzuela was also found guilty of the crime of assault with a deadly weapon, a lesser but necessarily included offense in the crimes alleged in counts II and III of the indictment. He was also sentenced to the county jail for the term of one year on each count, and the court ordered said sentences to run concurrently.

For a detailed statement of the factual background surrounding this prosecution, see the opinion filed in this case October 4, 1944, ante, p. 166 [152 P.2d 180], as to defendants Gus Zammora, et al.

With reference only to the above named three appellants, there has this day been filed in this court the following stipulation, signed by their respective counsel and also by the attorney general representing the respondent.

“It is Hereby Stipulated by and between the parties to the above entitled action that the following facts are true and correct and may be considered by the above-entitled Court as a part of the record herein:

“That on January 12, 1943, Defendant and Appellant, Andrew Acosta, was found not guilty of the crime of murder under count one of the indictment herein, but guilty of assault under count two and guilty of assault under count three ; that on February 1, 1943, the Court below made and pronounced the following judgment and sentence as to the said defendant and appellant: that for the crime of assault as charged in Count two, the said Andrew Acosta be imprisoned in the County Jail of Los Angeles County for a period of six months; that for the crime of assault as charged in count three that said Andrew Acosta be imprisoned in the County Jail of Los Angeles County for the period of six months. That these sentences run consecutively.