People v. Martin

By the Court, Belcher, J.:

The defendant is accused by the indictment of the “ crime of assault with intent to do bodily harm upon the person of another.” • This, in effect, designates the offense as a simple assault. (People v. Vanard, 6 Cal. 562; Ex parte Ah Cha, 40 Cal. 426) The particular acts constituting the offense charged are that the defendant, at a time and place named, under circumstances showing an abandoned and malignant heart, and without just cause or excuse, violently, forcibly and at great speed, directed, reined, and guided a horse, which he was riding, towards and in the…