Ex parte Max

Citations

• 44 Cal. 579

Syllabus

<p>Assault to do great Bodily Injury.—A verdict on an indictment for an assault with intent to commit murder, finding “ the defendant guilty of an assault to do great bodily injury,” is a verdict for a misdemeanor merely, and does not warrant an imprisonment in the State Prison.</p> <p>Habeas Corpus.—Questions of mere error cannot be inquired into upon habeas corpus.</p> <p>Discharge oe Prisoner on Habeas Corpus.—If, on an indictment for assault with intent to commit murder, the jury find the defendant guilty of an “ assault to do great bodily injury,” and the verdict is received and recorded by the Clerk, and the jury, under instructions from the Court, then retire and find the defendant guilty of an assault with a deadly weapon, with an intent to inflict bodily injury, without considerable provocation, and the last verdict is received and recorded and the prisoner is adjudged guilty of a felony and sentenced to the State Prison, it is mere error, which must be corrected by appeal, and does not render the judgment void so as to warrant the discharge of the prisoner on habeas corpus.</p>