Ex parte Mitchell

Criminal Law—Assault with Deadly Weapon—Punishment of— Constitutional Law. — The punishment for an assault with a deadly weapon provided for by section 245 of the Penal Code is not excessive, cruel, or unusual within the meaning of section 6 of article 1 of the constitution.

Id.—Sufficiency of Verdict—Judgment—Imprisonment in State Prison. — People v. Turner, 65 Cal. 540, affirmed as to the point that where a party is informed against for an assault with intent to commit murder, and a verdict is rendered against him for an assault with a deadly weapon, the verdict is sufficient to support a judgment of imprisonment for two years in the state prison, without stating that the assault was made with the intent to commit great bodily harm.

Id.—Imprisonment as Means of Enforcing Pine.—The petitioner was convicted of an assault with a deadly weapon, and sentenced to imprisonment in the state prison for two years, and to pay a fine, and to be imprisoned in the same prison one day for every dollar of the fine. Held, that conceding the portion of the judgment providing for imprisonment as a means of enforcing the fine was invalid, the sentence of imprisonment as a punishment was valid, and should he enforced.