Does the accusatory pleading test apply in the context of assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Meyer, B269169 (Cal. App. 2017):
2. People v. Cook (2001) 91 Cal.App.4th 910 does not assist appellant, as it involved a conviction of an uncharged offense. In contrast, appellant was charged with both assault with a deadly weapon and murder; thus, the accusatory pleading test does not apply.
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