Hayes

This is an appeal from a judgment following the verdict of a jury finding appellant guilty of the crime of assaulting his wife with intent to commit murder and from the order denying defendant’s motion for a new trial. The information also contained counts charging the same offense with respect to her two children by a prior marriage. Appellant was acquitted on the counts concerning the children.

For two years prior to the marriage, appellant had been employed by his present wife as a salesman in her real estate business. One Roby Brown had been a customer of appellant and a friend of the family for a number of years. A difference arose between Brown and appellant over a real estate transaction. Shortly thereafter, appellant and his wife separated and she started proceedings for a divorce. After the separation, appellant made various threats against her, indicating that he intended to kill her. On May 30, 1955, Mrs. Hayes, her three children and Roby Brown drove to a small ranch that she owned in Sonoma County, arriving at about 8:30 a. m. About 11:30 she and two of the children walked to a small orchard near the house and while standing there Mrs. Hayes heard shots, felt a…