People v. Williams

Under a two-count information the defendant was convicted of assaults upon his wife, Noriko Williams, and upon Sharon Palmer, with intent to commit murder.

On April 4, 1963, the defendant shot his wife and shot in the direction of Sharon Palmer. He contends that the judgment should be reversed because the evidence is insufficient to establish that the assaults thus committed were with intent to commit murder. We have concluded that his contention insofar as it applies to the assault upon his wife is without merit, but insofar as it applies to Sharon Palmer, is well taken.

There was evidence showing that the defendant shot his wife at close range; had previously, on many occasions, threatened to kill her; had pointed a gun at her many times before; on one occasion had stabbed her with a knife; and had engaged in a violent quarrel with her on the night before the shooting. Such evidence, if accepted by the jury, was sufficient to support an inference that the shooting was with intent to murder. (People v. Pineda, 41 Cal.App.2d 100 [ 106 P.2d 25 ]; People v. Cupp, 77 Cal.App. 472, 475, 476 [ 246 P. 1085 ]; People v. Martinez, 17 Cal.App. 579, 581-582 [ 120 P. 786 ].)

However, the…