People v. Leech

Defendant was tried under an information charging two counts of assault with a deadly weapon, in violation of Penal Code section 245. A jury found defendant guilty of two counts “of Drawing and Exhibiting a Firearm in Violation of Section 417 Penal Code, a misdemeanor, a lesser and necessarily included offense. ...”

It is necessary to reverse the judgment because the offenses of which defendant was convicted were not within the charges made by the accusatory pleading. (People v. Diamond, 33 Cal.App.2d 518, 522 [92 P.2d 486].) In People v. Torres, 151 Cal.App.2d 542 [312 P.2d 9], a conviction…