People v. Van Every

Defendant appeals from a judgment whereby he was found guilty of the crime of assault with a deadly weapon with intent to commit murder. When arraigned he had entered pleas of not guilty and not guilty by reason of insanity to that charge as also to another count in the information charging him with attempted robbery. The judge who tried the case without a jury found the defendant not guilty of attempted robbery, and largely upon that fact defendant bases his appeal, contending “that the finding by the trial court on count one of said information, charging the defendant with the crime of attempted robbery is in effect, in view of all the evidence, a finding that no assault was made by appellant upon the complaining witness”. Appellant also contends that the evidence was insufficient as a matter of law to sustain the judgment of conviction which was entered, arguing that “in the crime of assault with intent to commit murder the guilty person must specifically contemplate the taking of life and commit the assault with such intent”, citing the case of People v. Weston, 32 Cal. App. 571 [ 163 Pac. 691 ], to the effect that “if in truth he does not intend to kill he is not guilty of…