People v. Sainz

Defendant was found guilty of assault with a deadly weapon (§ 245, Pen. Code) ; he appeals from the judgment of conviction.

On December 4, 1965, James Kidder drove into a drivein with four passengers; they were about to leave the ear when a beer bottle struck the rear and another car about 20 feet away started up the road. Defendant, one of the passengers of the latter, pulled his hand back into the car. Kidder drove up and blocked the car; he walked over to the driver’s side of the other vehicle and asked why he threw the beer bottle at his ear. Kidder and defendant had words, then Kidder was…