People v. Pape
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing anew trial. The defendant was convicted of an assault with a deadly weapon under an information for an assault with intent to murder. The information alleged that the instrument used in the commission of the assault was a tin box filled with gunpowder.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing anew trial. The defendant was convicted of an assault with a deadly weapon under an information for an assault with intent to murder. The information alleged that the instrument used in the commission of the assault was a tin box filled with gunpowder. The evidence tended to show that the box was placed by the defendant in the stove of the prosecuting witness, where it exploded. The explosion occurred in the city and county of San Francisco, the defendant being at the time in…
1Opinion of the Court
The Court.
It is not contended by appellant but that the information sufficiently charges an assault with intent to murder. The jury found the defendant (appellant) guilty of an assault with a deadly weapon. The offense of which defendant was found guilty is included in that with which he was charged. (People v. English, 30 Cal. 215.) It is urged the information fails to aver the assault was with a deadly weapon; that a “ tin box filled with gunpowder ” is not necessarily a deadly weapon. But the information charges that the tin box filled with gunpowder, wherewith it is alleged the assault…
2Cases cited2 opinions
- People v. CongletonCalifornia Supreme Court · 1872
- People v. JacobsCalifornia Supreme Court · 1866
3Cited by12 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- People v. HinshawCalifornia Supreme Court · 1924
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- People v. GordonCalifornia Supreme Court · 1893
- United States v. Tommie BellCourt of Appeals for the Seventh Circuit · 1975
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