Caberera

The defendant was charged with the crime of assault with a deadly weapon with intent to murder B. Poledo. The jury returned a verdict reading as follows:

The defendant was sentenced to imprisonment in the state prison at San Quentin. This is an appeal from the judgment.

Appellant contends that the verdict is insufficient because it does not give the name of the person assaulted, or describe the weapon used by him. The objection is without merit. (People v. Gayle, 202 Cal. 159, 163 [ 259 Pac. 750 ] ; People v. Jochinsky, 106 Cal. 638, 642 [ 39 Pac. 1077 ]; People v. Cecil, 72 Cal. App. 565, 568 [ 237 Pac. 568 ]; People v. Somsky, 46 Cal. App. 377, 378 [ 189 Pac. 456 ].) The defendant waived any objection to the form of the verdict by his failure to object thereto at the time it was returned. (People v. Gayle, supra; People v. Chiappelone, 90 Cal. App. 472 [ 265 Pac. 976 ]; People v. Cornell, 29 Cal. App. 430 [ 155 Pac. 1026 ].)

A witness for the People testified that the weapon which the defendant said he used in making the assault is “a small penknife.” The defendant testified that on the day following the assault he “used it to peel onions and potatoes” when he “made…