People v. Marcus

This is an appeal from an order denying a new trial and from a judgment entered upon a jury’s verdict which convicted appellant of an assault with a deadly weapon upon one Richard Smith, and • of three counts of possessing a sharp instrument or knife while he was an inmate of a state prison. (Pen. Code, § 4502.) He was acquitted upon a fifth count charging him with an assault with a deadly weapon upon one George Heck.

Appellant has been imprisoned at Folsom Prison since 1949. The victim of the assault of which he was found guilty was a fellow inmate. Appellant challenges the sufficiency of the…