Savercool

This is an appeal from a judgment sustaining a demurrer to an information and discharging the defendant. The part of the information material to this controversy is as follows: —

The points made in favor of the judgment are, that the information did not charge the defendant with “ any criminal or felonious intent”; that it did not sufficiently *651 describe the weapon alleged to have been used in making the assault.

Section 245 of the Penal.Code, under which the information was drawn, is: “ 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.

Examining the information, we find that it follows the language of that section. This is all that is necessary. The ultimate or issuable facts which the statute declares to constitute the offense are to be pleaded substantially in the language of the law, while probative facts, such as the intent with which an assault is made, and the “present ability” to do it, must be proved,but need not be alleged in the information or indictment. (People v. White, 34 Cal. 183 -188; People v. Cronin, 34 Cal. 210 ; People v.…