People v. Mayes

Defendant was charged with murder in violation of Penal Code section 187. No other charges were made or specified in the information. Subsequently, the district attorney stipulated that the offense was not murder in the first degree and the cause proceeded to trial on this basis. After jury trial defendant was convicted of a battery. The trial court denied defendant’s motion for a new trial and sentenced him to serve six months in the county jail. Defendant was released on bail and this appeal followed.

At approximately 11 p.m. on October 28, 1966, defendant was in a bar called “Cliff’s Place”…