State v. Heath

Citations

• 57 Wash. 246
• 106 P. 756
• 1910 Wash. LEXIS 735

Syllabus

<p>Indictment and Information — Assault—Sufficiency. A complaint charging that the defendant did assault S. with a deadly weapon, to wit, a shotgun, thereby showing a wilful and abandoned heart, is not sufficient, upon “reducing the charge of assault with a deadly weapon to simple assault,” to give the court jurisdiction of the offense of assault, defined by Rem. & Bal. Code, § 2746, to be an attempt, in a rude etc. manner, to unlawfully touch, strike, beat or wound another person, coupled with a present ability to carry such attempt into execution; the charge of “assault” without the statement of any facts being a mere conclusion (Fullerton, J., dissenting) .</p>