People v. Vaiza

The defendant, Gilbert Vaiza, was charged with a felony, to-wit: assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (b)) ; he entered a plea of not guilty and was tried and convicted by a jury. After the denial of his application for probation, he was sentenced to state’s prison.

With certain important differences, hereinafter discussed, the facts are recited with substantial similarity by both sides. It is agreed by all parties that about 2 o’clock in the morning of September 28,1964, the defendant, a young man 21 years of age, was walking along 27th Street in…