People v. Claborn

Defendant was convicted of violation of Penal Code section 245: assault “with a deadly weapon, or instrument or by any means of force likely to produce great bodily injury,” the instrumentality or force here employed being an automobile.

On appeal from the judgment after conviction defendant’s contentions are: (1) the evidence is insufficient to support the jury’s implied finding that defendant intended to strike the victim with his automobile; (2) the district attorney was guilty of misconduct, incurable by an instruction by the court to disregard, in asking defendant on the witness stand if…