People v. Apgar

By the Court, Sawyer, C. J.:

The defendant was indicted under the statute for an assault with a deadly weapon, with an intent to inflict bodily injury, and convicted of a simple assault only. Defendaht appeals, and the Attorney General moves to dismiss the appeal for the want of jurisdiction. Under the provisions of the Constitution, the Court only has jurisdiction in cases amounting to felony. (People v. Applegate, 5 Cal. 295; People v. Shear, 7 Cal. 139; People v. Vick, 7 Cal. 165.) This Court, therefore, has no jurisdiction of an appeal in a case of a simple assault, the offense for which…