Thе 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 causе, 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.
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 objectiоn is without merit.
(People
v.
Gayle,
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 оf 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 wеak, 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 diffiсulty in determining whether it was a deadly weapon. The defendant testified that the knife was oрen in his right coat pocket immediately prior to the assault.
Section 1168 of the Penal Code provides that the minimum imprisonment for the commission of a felony by “a person nоt previously convicted of a felony, but armed with a deadly weapon either at thе time of his commission of the offense, or a concealed deadly weapon at the time of his arrest” shall be seven years, and that “the words ‘deadly weapon’ as used in this section are hereby defined to include any instrument or weapon of the kind commonly known as a blackjack, slung-shot, billy, sand club, sand bag, metal knuckles, any dirk, dagger, pistol, revolver or any other firearm, any knife having a blade longer than five inches, any razor with an unguardеd blade and any metal pipe or bar used or intended to be used as a club.”
Appеllant contends that, under the aforesaid provisions of section 1168, “unless the verdict shows thаt it was a knife with a blade shorter than five inches . . . the defendant is bound to suffer a heavier punishment than if the . . . verdict disclosed the facts. ” It is clear that section 1168 does not purpоrt to define “deadly weapon” in the sense in which those words are used in section 245 of thе Penal Code, defining the crime of assault with a deadly weapon, but expressly limits the definition to those words “as used' in this section.” If the'enumeration of deadly weapons in sectiоn 1168 is to be construed as exclusive, then the appel *417 lant is in no danger of suffering the greаter punishment provided for by that section, because there is nothing in the record to show that the weapon with which he was armed is of a kind mentioned therein. If such enumeration be construed as not exclusive, then it is immaterial that the weapon is not described other than as a “deadly weapon,” because the defendant will then be subject to the greater punishment, regardless of the kind of deadly weapon with which he was armed.
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.
The defendant prоduced 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 defendаnt had been guilty of acts of violence, naming them, prior to the assault upon Poledо. 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 (B. L.), J., and Plummer, J., concurred.