Zeiler v. People

By direct information Zeiler, Mendoza and Nuanez were jointly charged with the crime commonly referred to as "assault with a deadly weapon." See C.R.S. 53, 40-2-34. Upon trial a jury determined that Zeiler was not guilty of assault with a deadly weapon, but at the same time adjudged him guilty of the lesser included offense of simple assault. See C.R.S. 53, 40-2-33. Mendoza and Nuanez, incidentally, were also found guilty of only simple assault, the trial court having dismissed the charge of assault with a deadly weapon as to these two defendants. Zeiler was thereafter sentenced to six months in the county jail and by this writ of error Zeiler alone seeks reversal of the judgment and sentence.