People v. McCoy

Appeal from the judgment of conviction and from an order denying motion for a new trial. At the trial, appellant was represented by the public defender; he is represented on this appeal by court-appointed counsel. We find no error.

Appellant was convicted on two counts of violation of Penal Code, section 217, assault with a deadly weapon with intent to commit murder. It is contended, inter alia, that there was insufficient evidence to support a finding that he had a present ability to inflict the intended harm. We therefore briefly state the facts bearing on this issue, as revealed by the…