People v. Logan

Defendant appeals from a judgment pursuant to the verdict of a jury which found him guilty of (count one) assault with a deadly weapon and (count two) robbery of the first degree, and from an order denying his motion for new trial. We have concluded that various matters, hereinafter described, of which defendant complains did not constitute prejudicial error, but that the judgment must be reversed as to the first count because a single, indivisible act (the use of a baseball bat as a club) constituted count one assault with a deadly weapon and count two robbery of the first degree because…