People v. Washburn

Appellant was charged with the offense of assault with a deadly weapon and convicted of assault. There can be no doubt that the evidence would have amply supported a verdict for the greater offense. Indeed, it is contended by appellant that the evidence “shows clearly that if the defendant was guilty of anything at all he was guilty of assault with a deadly weapon and nothing less. There is no evidence in the records of this case to show that the defendant was guilty of simple assault. . . . The prosecuting witness was hit with an irrigating shovel, four and one-half to five and one-half feet…