People v. Mueller

Defendant, having been charged with assault with a deadly weapon upon one Dene Qualls (Pen. Code, § 245), was convicted and sentenced to serve three months in the county jail. He appeals from the judgment and an order denying his motion for new trial. Prejudicial errors in the matter of instructions and misconduct of the deputy district attorney are asserted.

Assault was immediately followed by a vicious battery which inflicted serious injuries upon Qualls. While no claim is made of insufficiency of the evidence to support the verdict, the evaluation of the alleged errors requires a brief…