Hughey

Statement of the Case

Appellant Willie Alfred Hughey assaulted his wife and attempted to suffocate his three-month-old daughter with a pillow. After trial by jury, appellant was convicted of assault in violation of Penal Code section 240 and of child endangering in violation of Penal Code section 273, subdivision (a). He appeals from the judgment.

Statement of Facts

On January 19, 1986, Meya Brule, eight years old, was living in a two-bedroom house with her mother, Pamela Thomas; her stepfather, appellant; her stepbrother, Al; her big sister and a little brother; and her three-month-old baby sister Salamia. That evening, Meya was asleep in the bedroom she shared with all of her siblings. She was awakened by her parents’ arguing. She went into the living room and heard her parents fighting. After her mother yelled at her to go back into her room, she returned to her bedroom and talked to her stepbrother Al. Meya left the bedroom again, went into the hall and looked into her parents’ bedroom. She saw her parents fighting and arguing. Salamia was on the bed where her mother was sitting. Appellant said to Ms. Thomas: “Don’t tell me that baby’s mine again or I’ll kill you.”…