Territory of Arizona v. West

Appellant was indicted and tried for the crime of “an assault to commit murder,” and a verdict was returned finding him guilty of “an assault with a deadly weapon.” Judgment was pronounced against appellant, on said verdict, that he he imprisoned in the territorial prison; and he appealed, and urges as ground of error that the crime of which he was found guilty is not charged in the indictment against him, and for errors of the trial court in giving a certain instruction, and also in failing to give an instruction, defining a “deadly weapon.”

The indictment on which he was tried is as follows:…