Becerra

Defendant appeals from the judgment of conviction which concluded a nonjury trial in which he was charged with the crime of assault with intent to commit murder in violation of section 217 of the Penal Code. As set forth in his opening brief, “Appellant’s only point on appeal is that the evidence is insufficient to establish the intent necessary to section 217, Penal Code,” and that he “should have been convicted, if at all, of section 245, Penal Code.”

The evidence, which is uncontradicted, established that on April 25, 1962, appellant drove his wife to a hospital where she was to receive treatment. Relations between them had been strained and difficult for some time, apparently due to appellant’s jealousy. Appellant testified that his wife told him “he was just imagining things.” He had asked her to call the man in question to demonstrate that his suspicions were unwarranted and thereby get him "out of his misery. ’ ’

When his wife refused to make such a call, appellant doubled up his fists and knocked her to the floor. He then fell upon her and began to stab her with his pocket knife. He stabbed her a total of 42 times, inflicting wounds on her arms, chest and back. The…