People v. Kimbrel

Opinion

BLEASE, J.

Defendant appeals from a conviction of assault with a deadly weapon, the use of a “whip cord.” (Pen. Code, § 245, subd. (a).) Noting that the trial court instructed the jury that a “deadly weapon” was “any object, instrument, or weapon which is used in such a manner as to be capable of producing, and likely to produce, death or great bodily injury” (italics added) he contends that the court erred in not defining “great bodily injury” sua sponte. We affirm the judgment.

Facts

Paul Frasier said he encountered defendant on the afternoon of August 8, 1978, when he rode his…