People v. Spears

Opinion

SIMS, J.

Appellant has appealed from an order admitting him to probation on condition, among others, that he serve six months in the county jail. This order followed his conviction of battery on a policeman, in violation of sections 242 and 243 of the Penal Code, by verdict of a jury which was unable to agree with respect to a similar charge involving a second policeman. This count was. dismissed at sentencing. A third such charge was dismissed during the trial on the motion of the defendant. The charges arose when the police, in an attempt to break up alleged gambling in a public park,…