People v. Fierro

WOOD (Parker), J.

Defendant appeals from a judgment of conviction upon a charge of assault with a deadly weapon, a felony, and from the order denying his motion for a new trial. Trial was by jury, His contention on appeal is that the evidence was insufficient to justify the conviction, in that the testimony of the prosecuting witness relative to identification of defendant was inherently improbable.

The victim of the assault testified that he was a member of a group of boys which was known as the “Clanton Street Gang”; that on the afternoon of June 12, 1942, he and about 15 other members of his…