People v. Scott

Defendant was convicted of an assault with intent to commit murder, and now prosecutes an appeal to this court. The instructions asked by defendant and refused were substantially given in the charge of the court. Neither do we think the evidence was of the character upon which to predicate an instruction that the defendant could be convicted of a simple assault. He was either justifiable or guilty of a graver offense. (People v. Madden, 76 Cal. 521.) Again, if counsel desired such an instruction to be given, he should have requested the court to that effect.

It is insisted that the court erred…