Is violation of section 417 of the California Criminal Code an included offense in the assault with a deadly weapon charge?

3 In People v. Rasher (1970) 3 Cal.App.3d 798, 83 Cal.Rptr. 724, it was held that under the circumstances there appearing, the offense set forth in 417 was a lesser included offense in that of assault with a deadly weapon. We deem it unnecessary to determine whether under the circumstances of the case at bench, violation of 417 is an included offense in the others charged for the reason that petitioner acquiesced in the action of the trial court in finding that petitioner committed a violation of 417.