People v. Flummerfelt

VALLÉE, J.

By information defendant was accused of assault with a deadly weapon in that on July 26, 1956, he unlawfully committed such an assault on James L. Kolb. (Pen. Code, § 245.) In a nonjury trial he was convicted of assault. He appeals from the judgment.

The only assignment of error is that the evidence is insufficient to support the finding of guilt. The argument is that the evidence was not substantial.

On July 26, 1956, Kolb, a fireman employed by the city of Los Angeles and assigned to Mountain Patrol, went to defendant’s property to investigate a reported fire. When he arrived two…