People v. Vanard

Citations

• 6 Cal. 562

Syllabus

<p>Where a defendant was indicted for an assault with intent to commit murder, and the jury found a verdict of guilty of an “ assault with intent to do bodily injury,” Held that the verdict only found the prisoner guilty of an assault and not of a felony.</p> <p>The weapon or instrument with which the assault is committed constitutes the gist of the felony, as distinguishing the act from an ordinary assault, and should therefore be alleged and found.</p>