People v. Kong

Citations

• 95 Cal. 666
• 30 P. 800
• 1892 Cal. LEXIS 886

Syllabus

<p>Criminal Law—Assault with Intent to Murder —Absence oe Person Intended to be Killed. — Where a policeman bored a hole in the roof of a building for the purpose of determining from observation whether or not the occupant was conducting therein a gambling or lottery game, and the occupant, having ascertained the fact, and believing that the policeman was on the roof at the point of contemplative observation, fired his pistol at that spot, with the intent to kill, he is guilty of an assault with intent to commit murder, although the officer was not at the spot when the shot was fired, but was upon another part of the root</p> <p>Id. — Unknown Obstructions to Criminal Attempt.—Where the criminal result of an attempt is not accomplished simply because of an obstruction in the way of the thing to be operated upon, and these facts are unknown to the aggressor at the time, the criminal attempt is committed.</p> <p>Id. — Assault —Attempt Coupled with Ability. — In order to be guilty of an assault, there must be an unlawful attempt coupled with a present ability to accomplish the act intended.</p> <p>Id.—Ability to Accomplish Murder — Loaded Pistol — Mistake as to Location op Victim. —A person has the present ability to accomplish the murder intended, when he has a loaded pistol, and the person intended to he fired at is within reach of its effect, and the fact that he was mistaken as to the exact spot where his victim was located at the time of firing is immaterial.</p>