People v. Aubrey

Appellant and Ronald Stephanson were charged with three offenses: count I, the murder of Mickey L. Garron (Pen. Code, § 187) ; counts II and III, assault with a deadly weapon with intent to murder Keford Roberts and Lee Myles respectively (Pen Code, §217). Appellant was tried separately from his codefendant. A jury found appellant guilty of murder in the first degree and fixed the penalty at life imprisonment. On counts II and III he was found guilty of assault with a deadly weapon (Pen. Code, § 245), a lesser and included offense. This appeal is from the judgment.

The evidence, read in the…