In what circumstances have courts ever found there was only one discrete instance of assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Royal, E060820 (Cal. App. 2015):
More generally, however, even with respect to the lesser offense of simple assault, the evidence showed only one discrete instance of the offense. In People v. Oppenheimer (1909) 156 Cal. 733, the defendant was charged with assault with a deadly weapon. The evidence showed that first, he struck the victim with a sash weight; then, he grabbed a knife and cut the victim with it. (Id. at pp. 736-737.) On appeal, he argued the
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