Robinson

Appellant was convicted of assault with a deadly weapon, with intent to commit murder, in violation of section 217 of the Penal Code. He appeals from the judgment entered on the jury’s verdict.

The facts, when viewed in the light most favorable to respondent, are these: On June 10, 1967, appellant was playing cards in Harry Player’s Card Room when an argument broke out between appellant, Sam Richards and Lee Henderson. Richards was running the game, but Lee Henderson was not playing. Afterward, as Henderson was walking away from the card table, he was hit in the back by a bullet from a gun. Henderson turned around, lunged at appellant and was hit two more times. He was taken to the hospital by his brother-in-law, John Bell.

On the same day, Ivan Kennedy gave appellant a ride in his pickup truck. Appellant told Kennedy that he had shot a person. Kennedy took appellant back to the card room, and from there to the 11-11 Club. At the club appellant began to annoy a woman and was asked to leave by Pearl Hardy, the club operator. Appellant told Miss Hardy he “just had shot one nigger three times” and that he would shoot her and all of her “God dam men.”

At the trial, Sam…