People v. Murat

Citations

• 45 Cal. 281

Syllabus

<p>Assault with Deadly Weapon.—An assault made with intent not to do murder hut only to do a lesser hodily harm, is not constituted a felony, unless such an assault was made with a deadly weapon, or hy resort to means of a deadly nature.</p> <p>Assault without a Deadly Weapon.—An assault made without the use of a deadly weapon with intent to do mere bodily harm, and not to do murder, is a misdemeanor, nothing more.</p> <p>Judgment in Criminal Case. — Under an indictment for an assault to commit murder, a conviction of an assault made with a deadly weapon to do bodily harm cannot be supported, unless it sufficiently appear upon the face of the indictment that the assault was made with a deadly weapon.</p>