State v. Hamilton

Citations

• 69 Wash. 561
• 125 P. 950
• 1912 Wash. LEXIS 951

Syllabus

<p>Indictment and Information—Conviction of Lesser Offense— Assault and Battery. Under tbe rule that at common law an indictment for assault and battery need not set out the particular acts of violence constituting the offense, a conviction for assault in the third degree (defined by Rem. & Bal. Code, § 2415, as an assault or assault and battery not amounting to the first or second degree) may be had under an information for manslaughter charging an assault upon a pregnant woman and her unborn child with intent to cause a miscarriage and resulting in her death, where, omitting that portion relating to the death, it satisfies all requirements of a charge of assault and battery.</p>