People v. Ney

Defendant was charged in an information with mayhem (Pen. Code, § 203), assault with intent to commit murder (Pen. Code, § 217) and assault with a deadly weapon (Pen. Code, § 245). He pleaded not guilty to each of the three counts. Thereafter the court granted defendant’s motion to sever count three from counts one and two and ordered that the cause proceed to trial on the first two counts. (Pen. Code, § 954.) A jury found defendant guilty of mayhem as charged in count one and of assault with a deadly weapon in violation of Penal Code section 245, a lesser and included offense within the…