People v. Marseiler

Foote, C.

The defendant was by a jury found guilty of an assault with a deadly weapon. He has appealed from the judgment of conviction and an order denying him a new trial.

The demurrer to the information was properly overruled; the latter was in substantial conformity to the requirements of sections 950-952 of the Penal Code, and charged but one offense, an assault with intent to kill and murder.

The alleged imperfections in the charge of the court to the jury cannot be considered here, as in the record before us that charge does not appear.

The defendant complains that the court allowed a…