286 P. 176 | Cal. Ct. App. | 1930
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:
"We, the jury in the above entitled cause, find the defendant, Luz Caberera . . . guilty of an assault with a deadly weapon."
The defendant was sentenced to imprisonment in the state prison at San Quentin. This is an appeal from the judgment.
[1] 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,
[2] 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 breakfast." There is nothing further in the record to show the character of the weapon except that it penetrated the coat and overcoat of Poledo and inflicted "a stab wound in the right chest" and other wounds, causing him to be "very weak, and bleeding very much from a wound above his nose, and another wound on his chest." The knife was introduced in evidence, and from an examination of it the jury could have had no difficulty in determining whether it was a deadly weapon. The defendant testified that the knife was open in his right coat pocket immediately prior to the assault.
Section
Appellant contends that, under the aforesaid provisions of section
[4] Appellant complains of the court's failure to give the jury a definition of a deadly weapon. While such a definition should have been given, the defendant suffered no prejudice from the failure to give it, because it is a matter of common knowledge that a knife, when used as an instrument with which to stab or cut a human being, is a deadly weapon.
[5] The defendant produced witnesses who testified that his reputation for peace and quiet was good. On cross-examination these witnesses were asked whether they had heard that the defendant had been guilty of acts of violence, naming them, prior to the assault upon Poledo. Appellant contends that the asking of these questions constituted prejudicial misconduct and that it was error to overrule his objections thereto. If the questions were asked in good faith, and there is nothing in the record to show that they were not so asked, then there was no error or misconduct in connection therewith. (People v. Gayle, supra;People v. Sieber,
It clearly appears from the evidence that the defendant is guilty of the offense of which he was convicted, and there is no prejudicial error in the record.
The judgment is affirmed.
Thompson (R.L.), J., and Plummer, J., concurred. *418