People v. Gordon

Citations

• 99 Cal. 227
• 33 P. 901
• 1893 Cal. LEXIS 644

Syllabus

<p>Criminal Law—Assault with Intent to Murder—Conviction of Assault with 'Deadly Weapon.—The offense of an assault with a deadly weapon is necessarily included in that of an assault with iutent to commit murder, and under an indictment or information charging the greater offense to have been committed with a deadly weapon, the defendant may be found guilty of the lesser.</p> <p>Id.—Former Acquittal of Greater Offense Charged__When one is charged with an offense which includes another offense of lower grade, and is regularly tried and found guilty only of the lesser offense, the verdict operates as an acquittal of the offense charged, and he cannot be again tried for that offense, though a new trial is granted upon his motion.</p> <p>Id Testimony Taken at Eorher Trial—Absence of Witness from State— Incompetent Evidence—General Objection.—In a criminal case, the testi mony of a witness taken at a former trial, who is absent from the state at the time of a second trial, is inadmissible, and being absolutely incompetent, is subject to the general objection that the evidence was incompetent, irrelevant, and immaterial.</p>