Does assault with a deadly weapon constitute an included offense in the charge of murder?
California, United States of America
The following excerpt is from People v. Asher, 273 Cal.App.2d 876, 78 Cal.Rptr. 885 (Cal. App. 1969):
In People v. Welborn, supra, the court observed 'We need not here determine the question whether assault with a deadly weapon was necessarily included within the 'charge' of murder as that charge was here framed (second degree murder).' (242 Cal.App.2d at p. 679, 51 Cal.Rptr. at p. 651, fn. omitted.) The court pointed out the difficulties in treating it as an included offense, and disposed of the contention that
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