People v. Yeats

Opinion

GARDNER, P. J.

The defendant was convicted by a jury of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) He appeals from the ensuing judgment (state prison sentence). (Pen. Code, § 1237.) The main issue presented is whether the crime of battery (Pen. Code, § 242) is included within the offense charged (Pen. Code, § 245). Although the issue is not one of first impression, there is a conflict in the authorities which we hope may finally be laid to rest.

Defendant had been living with Pauline. One evening he became angry and began to beat her with an…