People v. Schueren

Opinion

BURKE, J.

An information was filed charging John Schueren in a single count with “assault with a deadly weapon with intent to commit murder, a violation of Section 217, Penal Code, a felony, committed as follows; . . . Schueren . . . did . . . commit an assault with a deadly weapon upon Thomas Rutkowski . . . with the intent . . . to . . . murder . . . *556Rutkowski.” A jury found defendant guilty of assault with a deadly weapon (Pen. Code, § 245),1 “a lesser and necessarily included offense,” and he was sentenced to prison for “the term prescribed by law.” On this appeal from the judgment…