People v. Redmond

Opinion

AISO, J.

Defendant Eugene Redmond pleaded “not guilty” and “not guilty by reason of insanity” to a charge of an assault with a deadly weapon and by means of a force likely to produce great bodily injury allegedly committed on January 20, 1968. (Pen. Code, § 245, subd. (a).) Criminal proceedings were adjourned to permit defendant’s hospitalization for “present insanity” (Pen. Code, § 1368). Criminal proceedings were resumed and trial of the cause to the jury commenced on July 14, 1969.

When the jury found defendant guilty only of a simple assault (Pen. Code, § 240), a lesser and…