People v. Escarcega

Defendant, along with two codefendants, was charged by information in count I with murder, a violation of Penal Code section 187, and in count II, with assault with a deadly weapon, a violation of Penal Code section 245. Defendant pleaded not guilty. After a jury trial, defendant was found guilty of "Manslaughter (Sec 192.3 PC), a felony, a lesser offense than that charged in count 1 of the amended information but necessarily included therein and Assault *857With a Deadly Weapon (Sec 245 PC), a felony, as charged in count 2.” Count II (violation of Pen. Code, §245) was related to an assault upon…