People v. Villarino

Citations

• 66 Cal. 228
• 5 P. 154
• 1884 Cal. LEXIS 738

Syllabus

<p>Criminal Law—Assault with Intent to Murder—Sufficiency of Inform mation.—An information charging a defendant with having made a felonious assault with a deadly weapon, to wit, a loaded pistol, with intent to kill and murder, and containing proper averments as to time and place, suf ficiently states the offense of an assault with intent to commit murder.</p> <p>Id.—Arraignment—Assignment of Counsel.—An arraignment is not void because of an omission on the part of the court to inform the defendant, before his plea of not guilty, of his right to have counsel assigned him, if such duty was performed during the arraignment.</p> <p>Id.—Withdrawal of Plea.—Where a defendant, without counsel on his arraignment, pleads not guilty, he is not thereby deprived of his statutory right to demur, or to move to set aside the information, when counsel has been assigned him ; but a failure to apply to the court for leave to withdraw the plea for such purpose is a waiver of all irregularities in the proceedings before the arraignment and plea.</p>