People v. Cooper

A jury convicted defendant of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). He is appealing from the judgment. The notice of appeal also refers to the order denying a new trial, which is not an appealable order.

A brief statement of facts will present the issues. Defendant and two companions were creating a disturbance at a food market. The manager and a box boy approached them and there was a fight, in which the box boy was seriously wounded with a knife. The manager saw a knife in defendant’s hand. A police officer testified, without objection, that defendant had told Mm “ ‘I…