Zeiler v. People

By direct information Zeiler, Mendoza and Nuanez were jointly charged with the crime commonly referred to as “assault with a deadly weapon.” See C.R.S. ’53, 40-2-34. Upon trial a jury determined that Zeiler was not guilty of assault with a deadly weapon, but at the same time adjudged him guilty of the lesser included offense of simple assault. See C.R.S. ’53, 40-2-33. Mendoza and Nuanez, incidentally, were also found guilty of only simple assault, the trial court having dismissed the charge of assault with a deadly weapon as to these two defendants. Zeiler was thereafter sentenced to six…