People v. Burns

SHINN, J.

I concur in the judgment because of error in failing to instruct on the included offense of assault. I agree that it would have been advisable to define the term “traumatic condition” but do not believe the omission was reversible error. The condition to which the evidence of injury related was a traumatic condition, whether it resulted from blows struck by defendant or was caused in some other manner. Only one condition of injury was described by the witnesses and this was of traumatic origin. The crucial question was not the nature of the injury, but the cause of it.