People v. Scrivens

aggravated 1 violation of section 242, Penal Code, 2 in that he “did . . . feloniously use force and violence upon the person of C. Brand, a peace officer then and there engaged, in- the performance of his duties, ...” Defendant pleaded not guilty. The case was tried by the court, after a proper jury waiver, on the testimony of the victim officer given at the preliminary hearing and on the testimony of defendant presented at the trial. The defendant’s story was at ■complete odds with that of Officer Brand, making the fact decision rest almost entirely on relative credibility. In that…