People v. Lopez

GRAY, C.

The defendant was charged with assault with a deadly weapon with intent to murder, and two previous convictions, one of burglary in the second degree, under the name of Theodore Mendez, the other of petit larceny, under the name of Frank Deas. He confessed the previous convictions, and was convicted of assault with a deadly weapon and sentenced to ten years in the state prison.

1. For a reversal, the defendant contends, first, that the court erred in instructing the jury that their verdict must be either guilty of assault with intent to murder, guilty of assault with a deadly weapon,…