People v. Heffington

Opinion

FREEDMAN, J.

An information charged defendant with assault with intent to commit murder. (Pen. Code, § 217.) He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty as charged and another jury found him to have been sane. He appeals.

Early in the evening of August 29, 1971, Robert Mattos was standing between two parked cars on a street in Weaverville. Mattos, who was 17 years old, had shoulder-length hair, sideburns, whiskers, and a moustache. Defendant, who was a passenger in a cattle truck driven by his wife, stuck his head out of the window and yelled…