People v. Muniz

Opinion

KAUS, P. J.

In case number A-230383 defendant was charged in count I with illegal possession of a machine gun (Pen. Code, § 12220)—of which charge he was acquitted—and in counts II and III with batteries on the persons of two peace officers, Frank C. Farey and Thomas C. Kelley (Pen. Code, §§ 241, 243). The information charged and the jury found to be true that each officer was, at the time of the commission of the batteries, engaged in the performance of his duties and that defendant reasonably should have known this. Consequently the provision of section 243 of the Penal Code which…