People V. Mccaffrey

On December 25, 1951, appellant was a member of the police force of Los Angeles. At 5:30 a. m. he was serving as booking officer at the Lincoln Heights Jail. At that time six prisoners were booked, to wit, Manuel Hernandez, William Wilson, Jack Wilson, Elias Rodela, Eddie Nora and Raymond Marquez. By reason of the events that immediately occurred, appellant was indicted in three counts of having assaulted Nora, Jack Wilson, and Marquez, "by means of force likely to produce great bodily injury, a felony." (Pen. Code, § 245.) He pleaded not guilty, but following a trial he was convicted as charged in counts 1, and 3; and of "Assault, a misdemeanor, a lesser offense necessarily included within the charge set forth in count 2."