People v. Caldera

Defendant was charged, tried and convicted of the crimes of assault with a deadly weapon, with intent to commit murder (violation of Pen. Code, §217), and burglary in the first degree (violation of Pen. Code, §459). Defendant appeals from the judgment of conviction and from the order denying defendant’s motion for a new trial.

In general effect the prosecution evidence showed the following : Defendant was the husband of Angelina Navarro Caldera. They were separated and an interlocutory decree of divorce had theretofore been rendered. Angelina lived with her four small children in an apartment…