Rader

Defendant was convicted of having committed an assault with a deadly weapon upon the person of his wife, and was sentenced to imprisonment in the state prison for a term of eighteen months. He has appealed from that judgment.

The evidence introduced on behalf of the people was that furnished chiefly by three witnesses, one being the wife of appellant and the other two her father and sister. This testimony showed that appellant, on the night of the 11th of October, 1913, engaged in a wordy controversy with his wife, the subject being the matter of her persisting in attending a certain church, to which he objected; that finally he became enraged and drew a pocket knife, at the same time seizing her about the head and stating that he was going to kill her. At that moment the sister interfered and the father entered the room at about the same time; whereupon appellant desisted in his attack and dropped the knife back into his pocket. Other evidence was introduced showing that at times prior to the date of the alleged assault appellant had uttered threats against the life of his wife and had previously attempted to cut her with a knife. On his own behalf the defendant denied in toto…