How does section 26 of the California Code of Civil Procedure apply in an assault case?

to break up the fight. (See fn. 8, ante.) Section 26's reference to the absence of evil design or intention for accident must be interpreted in the context of the particular mental state associated with the charged offense. (See People v. Anderson, supra, 51 Cal.4th at p. 997 [accident defense can apply if defendant acted without forming the mental state necessary to make his or her actions a crime].) The mental state for assault is the intent to do the wrongful act and knowledge of the facts that make the application of force a natural and probable result. Because there was no evidence that defendant lacked an intent to do the act of firing or was unaware of relevant facts, there was no basis to provide an accident instruction.