26 N.Y.S. 417 | N.Y. Sup. Ct. | 1893
It seems to me that the indictment sets forth an offense under section 218 of the Penal Code.
Pen. Code, § 218, provides as follows: “A person who, under circumstances not amounting to the crime specified in the last section, [assault in the first degree,] * * * (5) assaults another with intent to commit a felony, or' to prevent or resist the execution of any lawful process or mandate of any court or officer, or the lawful apprehension or detention of himself, or of another person, is guilty of assault in the second degree.”