Can assault with a deadly weapon be considered an assault with intent to commit murder?

4 We note that where the accusatory pleading charging assault with intent to commit murder specifically mentions the use of a deadly weapon, assault with a deadly weapon may properly be found to be a lesser necessarily included offense. (People v. Marshall, 48 Cal.2d 394, 405, 309 P.2d 456.) This circumstance was not present in the instant case.

Since the transcript of the preliminary hearing is not a part of the record on appeal, technically we have no information as to what was shown to be the nature of the charged offense in that proceeding. It seems inconceivable that the use of the deadly weapon would not have been shown at the preliminary hearing in this matter. However, even if we had such a transcript before us, it could not be used to argument the charge so as to make assault with a deadly weapon a lesser included offense within the offense charged here. (People v. Leech, 232 Cal.App.2d 397, 399--400, 42 Cal.Rptr. 745.)