PEOPLE v. HELMS

Docket No. 10817.

242 Cal.App.2d 476 (1966)

51 Cal. Rptr. 484

THE PEOPLE, Plaintiff and Respondent, v. CURTIS SILAS HELMS, JR., et al., Defendants and Appellants.

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

May 25, 1966.


Attorney(s) appearing for the Case

Curtis Silas Helms, Jr., in pro. per. for Defendant and Appellant Helms. Donald Jacobs, under appointment by the District Court of Appeal, for Defendant and Appellant Lyons.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Stanton Price, Deputy Attorney General, for Plaintiff and Respondent.


KAUS, J.

Defendants Helms and Lyons were each charged with burglary, robbery and assault with a deadly weapon. A jury convicted both of burglary and robbery but only Helms was found guilty of the assault charged. The victim of the crimes was one Nelson Heindl.

On appeal the sufficiency of the evidence is not questioned except with respect to the assault count, where it is claimed that a pillow cannot be a "deadly weapon." The case was tried November 1964,...

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