People v. Claflin

Opinion

LILLIE, Acting P. J.

Defendants were charged with assault on a peace officer with a deadly weapon (count I), assault with a deadly weapon (count II), assault with intent to commit murder on Robert Hewitson (count III), assault with intent to commit murder on Robert Srery (count IV) and murder of Robert Moats (count V). The People appeal from order setting aside counts III, IV and V.

The following evidence was adduced on the preliminary hearing. Hewitson, an off-duty deputy sheriff, and his wife and children drove to a garage owned by Deputy Srery; while Mrs. Hewitson was testing her…