People v. Kaiser

Opinion

MILLER, J.

Erick Kaiser appeals from a judgment of conviction entered on jury verdict finding him guilty of violating Penal Code section 245, subdivision (a) (assault with a deadly weapon), and Penal Code section 243.1 (battery on a custodial officer).

On April 15, 1978, at approximately 8 p.m., victim Loving had gone to Emby’s market in search of his nephew. He found his nephew there and instructed him to ride his bicycle home. Loving went into Emby’s market to make a purchase. Upon Loving’s return, his nephew was sitting in Loving’s car. The victim again sent his nephew home, “tapping”…