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People v. Pape

Citations

  • 66 Cal. 366
  • 5 P. 621
  • 1885 Cal. LEXIS 441

Syllabus

<p>Cbimtnal Law—Assault with Intent to Mubdeb—Assault with Deadly Weapon,—A conviction of an assault with a deadly weapon may be had under an information charging an assault with intent to murder.</p> <p>Id.—Infoemation—Allegation of Deadly Chabacteb of Weapon.—An information for an assault with a deadly weapon, which avers that the instrument with which the assault was committed was a deadly weapon, or states facts from which the court can. see that it was necessarily such, sufficiently alleges the deadly character of the instrument.</p> <p>Id.—Explosion of Powdeb.—One who attempts to commit a violent injury on the person of another by means of the explosion of gunpowder is guilty of an assault with a deadly weapon, although he was not present when the explosion occurred.</p>

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Cites

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