Weir

The information in this case charged the defendant with the crime of “an assault with a deadly weapon, to wit, a large shovel.” He was tried and convicted of the offense charged, and thereafter judgment was pronounced that defendant pay a fine of $500, with the alternative of imprisonment in the county jail of Fresno county. This is an appeal from the judgment and from an order denying defendant’s motion in arrest of judgment.

The information was filed under section 245 of the Penal Code, which reads as follows: “Every person who commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable,” etc. The charging portion of the information alleges the assault to have been made upon the person of G. Brocks by the defendant with a ‘ ‘ certain deadly weapon, to wit, a large shovel.” Defendant contends that the information does not state facts sufficient to constitute a public offense in this, that the words “a large shovel” are too indefinite to show that the instrument described was in fact a deadly weapon. The authority relied upon is the ease of People v. Perales, 141 Cal. 581 , [ 75…