People v. Leyba
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial. The defendant was convicted for an assault with a deadly weapon. The further facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
The information charged an assault with a deadly weapon, “to wit, a large knife.” The prosecuting witness swore the defendant assaulted him, and cut his clothing in several places, with a knife five or six inches long. The defendant testified he had no knife when they met, and that he made no assault, *408but that the prosecutor struck and wounded him with the handle of a whip.
The court charged the jury that a deadly weapon was one likely to produce death or great bodily injury; that there are cases where the character of the weapon, whether deadly or otherwise, depends on the manner in which it…
2Cited by10 opinions
- People v. HoodCalifornia Supreme Court · 1969
- People v. PerezCalifornia Supreme Court · 2018
- People v. MorlockCalifornia Supreme Court · 1956
- People v. PeakCalifornia Court of Appeal · 1944
- People v. KimbrelCalifornia Court of Appeal · 1981
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