People v. Moody

Appellant was indicted on two counts, namely, (1) for mayhem and (2) for assault by means of force likely to produce great bodily injury. He was acquitted on the first count and from his conviction of the second count and from the order denying a new trial he brings this appeal. The grounds of appeal are: (1) that the judgment of conviction under count II is inconsistent with the verdict of not guilty under count I and is therefore void; and (2) errors in the court’s giving certain instructions and in modifying one offered by appellant.

Late in the evening of March 6, 1943, one Martinez, the…