People v. Billon

In this odd case, we reverse the judgment because there is no evidence to support an essential element of the offense charged. We decline to take judicial notice of the record of another case to fill gaps in the trial evidence on the ground that to do so would deny the defendant his right to trial by jury. We reject, however, defendant’s contention that the statute which serves as the foundation for the charge against him is unconstitutional.

The defendant Edward Billon was charged with: (1) assault with a deadly weapon (Pen. Code, § 245) 1 ; (2) burglary (§459) and (3) possession of a firearm…