People v. Gholston

Opinion by

Mr. Justice Day.

Defendant in error Gholston was charged with the crime of assault with a deadly weapon as a result of physically interfering with two police officers who were attempting to arrest his wife for creating a disturbance. The facts indicate that the defendant grabbed a nightstick belonging to one of the officers and swung it at both officers, striking one of them on the wrist.

At the close of the evidence by the People, the trial court dismissed the “deadly weapon” charge and ruled that there was sufficient competent evidence on the lesser included offense of simple…