People v. McFadden

Citations

• 65 Cal. 445
• 4 P. 421
• 1884 Cal. LEXIS 592

Syllabus

<p>Ceeutnai, Law—Assault to Mdbdeb—Sufficiency of Indictment.—The indictment charged the defendant with the crime of an assault to murder, alleging that the defendant unlawfully and feloniously made an assault upon one Smith, and shot him with unlawful and felonious intent, and of malice aforethought, to Mil and murder. Held, that the indictment was sufficient.</p> <p>Id.—Vebdiot.—Under such an indictment a verdict that “we, the jury, find the defendant guilty of an assault to murder,” is sufficient.</p> <p>Id.—Evidence—Jury, -t Whether the weapon used in an assault would have pro- ■ dueed death is a question for the jury.</p> <p>Id.—Instbuotion.—Where it appears from the evidence that the defendant discharged both barrels of his gun at the person assaulted, shooting him in the face and putting out one of his eyes, the court may instruct the jury that “ in tMs case, the assault being admitted, you must determine from the evidence whether it was committed with the unlawful intent to kill the person assaulted.”</p>