Does Section 245 of the California Criminal Code include assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Jennings, 22 Cal.App.3d 945, 99 Cal.Rptr. 739 (Cal. App. 1972):
2 Since the information expressly alleged that the several assaults were committed 'with a deadly weapon . . . with the intent . . . to kill and murder . . .' the offense denounced in subdivision (a) of section 245 was a lesser and included offense under the rule of People v. Marshall (1957) 48 Cal.2d 394, 309 P.2d 456.
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