State v. Levan

Citations

• 23 Wash. 547
• 63 P. 202
• 1900 Wash. LEXIS 387

Syllabus

<p>ASSAULT WITH INTENT TO KILL-SUFFICIENCY OF INFORMATION.</p> <p>An information which charges that defendant “wilfully, unlawfully, purposely and feloniously, and of his deliberate and premeditated malice, with intent to kill and murder” another, “ an assault did make in and upon the person of” the other, “with a deadly weapon,” without alleging a present ability to carry into execution the attempt, as in a simple assault, sufficiently charges the crime of assault with intent to commit murder, since § 6848 Bal. Code, provides that words used in an information must be construed according to their legal meaning, when they are defined by law, and § 7055, Id., defines “assault” as “an attempt in a rude, insolent and angry manner, unlawfully to touch, strike, beat or wound another person, coupled with a present ability to carry such attempt into execution.”</p>