People v. Bernalley

Defendant appeals from a judgment of conviction rendered on a jury verdict finding him guilty of violating section 245 of the Penal Code [assault with a deadly weapon], and section 203 of the Penal Code [mayhem]. The arguments made on appeal are that: (1) the evidence does not support the judgment, and (2) the trial court erred in admitting into evidence a declaration of the victim and in its instructions to the jury relating to the declaration.

The record reveals the following: The victim, Teddy Emmerson, first met the defendant, Sam Bernalley, on Saturday, March 7, 1959. The victim entered a…