People v. Groce

Opinion

BROWN (H.. C.), J.

Appellant was charged with two counts of assault with a deadly weapon (Pen. Code, § 245), i.e., for the stabbing of one John Arriola and a Mrs. Elizabeth Dillard. The jury returned a verdict of guilty of the assault on Mrs. Dillard but not guilty of the count charging him with assault on Arriola.

Appellant makes two diaims of reversal for error: first, the court erred in refusing to instruct on simple assault and battery as a lesser included offense, and, second, the court failed to make inquiry as to the adequacy of his representation by the public defender.

The facts:…