People v. Brophy

Appellant was charged by information with two violations of section 245 of the Penal Code, to wit: assault with a deadly weapon. The assaults were alleged to have been committed with a pistol upon the persons of Leon Calkins (count 1) and James Shirley (count 2) on October 10, 1952. Following a trial, appellant was found guilty on count 2 and not guilty on count 1. Appellant’s motion for a new trial was denied and judgment was pronounced sentencing appellant to imprisonment in the state prison. This appeal is from the said judgment and from the order denying the motion for a new trial.

Appellan…