How have courts interpreted the definition of assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Simington, 19 Cal.App.4th 1374, 23 Cal.Rptr.2d 769 (Cal. App. 1993):
Appellant contends, and the Attorney General concedes, that the trial court erred in failing to define assault (CALJIC No. 9.00) in its instructions [19 Cal.App.4th 1381] to the jury on the crime of assault with a deadly weapon (count 2). We agree. (See People v. Valenzuela (1985) 175 Cal.App.3d 381, 393, 222 Cal.Rptr. 405; People v. McElheny (1982) 137 Cal.App.3d 396, 403-404, 187 Cal.Rptr. 39.) This instructional error, however, was nonprejudicial.
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