Does a finding that a defendant was armed with a deadly weapon constitute an assault with intent to cause grievous bodily harm?
California, United States of America
The following excerpt is from People v. Allums, 121 Cal.Rptr. 62, 47 Cal.App.3d 654 (Cal. App. 1975):
Defendant correctly contends and the Attorney General concedes that being armed with a deadly weapon is necessarily included in the offense of assault with a deadly weapon and therefore the finding that he was armed should be stricken. (People v. Hartsell (1973) 34 Cal.App.3d 8, 12, 109 Cal.Rptr. 627.) The judgment and the abstract of judgment will be appropriately modified.
[47 Cal.App.3d 660] 2) Admitted prior conviction.
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