People v. Jefferson

This is an automatic appeal from a judgment of guilty of violating section 4500 of the Penal Code (assault with a deadly weapon by a prisoner undergoing a life sentence in a state prison) 1 after trial by a jury. There is also an appeal from the order denying defendant’s motion for a new trial.

On September 13, 1955, defendant, an inmate of Folsom State Prison undergoing a life sentence, assaulted with a deadly weapon another prisoner, Leonard Thompson.

Questions

First: Did the trial court err in denying defendant’s motion to set aside the indictment?

No. Section 995 of the Penal Code provides…