People v. Moody

The defendant was tried and convicted upon an information charging that on or about the seventh day of February, 1932, in the county of Tuolumne, state of California, he assaulted one Mrs. H. E. Rolfe with a deadly weapon, with intent to commit murder. From the judgment entered upon the verdict of guilty based upon the charge just referred to, the defendant appeals.

.Only one question is presented for our consideration by the appellant’s brief, to wit: Whether the jury was justified in finding that the assault had coupled with it the intent to -commit murder. The appellant admits that the court correctly instructed the jury.

The record shows that the defendant and Mrs. H. E. •Rolfe both attended a ball which was given at the Harvard Hotel in the town of Tuolumne, on the evening of February 6, 1932. It further shows that prior to the date of the alleged assault the defendant and Mrs. Rolfe had been maintaining toward each other the relationship of husband and wife, without ever having in fact been married. While not expressly called to our attention in the record the inference seems clear that the defendant and Mrs. Rolfe did not attend the ball together, but went there…