People v. Guidice

The defendant was charged with an assault with a deadly weapon, and having been convicted, complains of certain instructions given by the court.

It appeared in the evidence that the assault was made with an ax. The prosecuting witness and the defendant agree as to the mode in which the ax was used, and on this point the evidence is not conflicting. In effect the court told the jury that they must find the defendant guilty as charged, or must acquit, thereby failing to charge that the crime of simple assault was included in the information, and that it was competent for them to find the…