People v. Herd

Defendant was found guilty of committing an assault with a deadly weapon upon Bertha Lee Herd, in violation of section 245 of the California Penal Code. Probation was denied and he was sentenced to state prison for the term prescribed by law. He appeals from the judgment of conviction.

On the morning of June 23, 1962, defendant visited the home of his ex-wife, Bertha Lee Herd. That evening defendant and Mrs. Herd attended a party at a friend’s house. At approximately 2 a.m. the following morning, Mrs. Herd went with defendant to “get some coffee,” after which defendant, refusing Mrs. Herd’s…