The People, Plaintiff and Respondent v. George Milward, Defendant and Appellant

Summary

The court held that assault with a deadly weapon other than a firearm or by means likely to inflict great bodily injury is necessarily included within aggravated assault by a life prisoner. The phrase "other than a firearm" is not an element of the lesser offense but distinguishes it from a more serious firearm assault. Because defendant was convicted of both offenses based on the same conduct, the lesser conviction had to be reversed. No separate opinions were filed.