PEOPLE v. BUTTERFIELD

Docket No. 6659.

177 Cal.App.2d 553 (1960)

2 Cal. Rptr. 569

THE PEOPLE, Respondent, v. EUGENE J. BUTTERFIELD, Appellant.

Court of Appeals of California, Second District, Division Three.

January 29, 1960.


Attorney(s) appearing for the Case

J. Thomas Russell for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and David B. Allen, Deputy Attorney General, for Respondent.


FORD, J.

Defendant Eugene J. Butterfield appeals from the order denying his motion for a new trial and from "the sentence and judgment of the court" which we construe to be an appeal from the judgment. The order granting probation is deemed to be the final judgment for the purpose of this appeal. (Pen. Code, § 1237.)

In each of the two counts of the information, the defendant was charged with the crime of "assault with a deadly weapon with intent to commit...

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