People v. Fleming

By information, the appellant, Thomas J. Fleming, and one John Taylor, were charged with two counts of assault with the intent to commit murder (Pen. Code, §217). The appellant was also charged with several prior convictions and admitted these. The appellant and Taylor were tried together by a jury and found guilty of two counts of the lesser included offense of assault with a deadly weapon (Pen. Code, § 245). On this appeal from the judgment of conviction entered on the verdict and the order denying his motion for a new trial, the appellant Fleming argues that (1) there is no substantial…