People v. Johnson

The defendant was convicted of assault with intent to commit robbery and the appeal is from the judgment and the order denying his motion for a new trial.

The first point made is that the information states no offense against the defendant, or at least no offense of which the superior court has jurisdiction. The particular criticism is that there is no allegation of the intent with which the “assault” was made. The charging part of the information, as certified by the clerk, is as follows:

“That said Orville Johnson on the 16th day of April, A. D. 1921, at the said county of Napa, and before…