People v. Zielinski

We think the defendant’s guilt of the crime of assault in the first degree is established beyond a reasonable doubt. A point made by appellant, not in his brief but upon the oral argument, deserves attention. The indictment accused defendant of an attempt to commit murder, while the verdict and the judgment of conviction are for assault in the first degree.

Section 445 of the Code of Criminal Procedure provides as follows: “ In all other cases [than those mentioned in section 444 *574the defendant may be found guilty of any crime, the commission of which is necessarily included in that with which…