Martinez

Defendant was convicted of the crime of assault with a deadly weapon with intent to commit murder. The sentence pronounced against him was that he be imprisoned in state prison for the term of two years. He has appealed from this judgment and from an order denying his motion for a new trial.

Por several months, and until about three weeks prior to the date upon which the alleged assault was committed, defendant and one Mary Rodrigues, the complainant, had lived together without the sanction of any marriage ceremony at the town of Hanford in Kings county. The woman finally left the house of defendant and went to live at another place, and with another man, in the same town. On the morning of March 31, 1911, defendant went to the house where the woman then was and attacked her with a knife, inflicting, besides a small wound on the wrist, a cut across her shoulder of about four inches in length and from one-half to three-quarters of an inch in depth. The complaining witness testified that Martinez came in at the door and asked her why she had left his house, to which she replied that she had left because he had ordered her to, and that the man immediately advanced upon her in an…