
    [Civil No. 81.
    Filed March 8, 1894.]
    [36 Pac. 209.]
    TERRITORY OF ARIZONA, Plaintiff and Respondent, v. WILLIAM R. EVANS, Defendant and Appellant.
    1. Criminal Law—Indictment—Assault with Intent to Commit Murder—Assault with Deadly Weapon—Sufficiency of Indictment for Former Offense to Sustain Conviction for Latter— West v. Territory, Ante, p. 212 Followed.—In an indictment charging appellant with “an assault to commit murder” the crime was designated “felony,” and the kind of instrument or weapon with which the assault was made was described, and the mode and manner in which it was used. As described and used, the weapon was a deadly weapon. Under the indictment, a verdict was properly returned finding appellant guilty of an assault with a deadly weapon. Following West v. Territory, supra.
    
    APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. John J. Hawkins, Judge:
    Affirmed.
    Reese M. Ling, for Appellant.
    Francis J. Heney, Attorney-General, for Respondent.
   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.  