Territory of Arizona v. Evans

ROUSE, J. Appellant was indicted and tried for the crime of “an assault to commit murder,” and a verdict was returned, finding him guilty of “an assault with a deadly weapon.” Judgment was pronounced against appellant on said verdict, and he contends that he was found guilty of a crime not charged in the indictment, and asks for a reversal of the judgment for that reason. In the indictment the crime was designated as a “felony,” and the kind of instrument or weapon with which the assault was made was described and the mode in which it was used. As described and used, the weapon was a deadly weapon. The facts of this case make the decision in the case of West v. Territory (decided at this term) ante, p. 212, 36 Pac. 207 , applicable. The judgment of the district court should be affirmed, and is so ordered. Baker, C. J., and Sloan, J., concur.