Kausen

—The defendant was convicted in the county of Humboldt of the crime of assault with intent to commit murder. From the order denying the defendant’s motion for a new trial, and the judgment entered upon such conviction, the defendant appeals.

Three informations were filed against the defendant charging him with the crime of assault with intent to commit murder upon three different persons. These informations were consolidated and one trial was had upon all three. The defendant was convicted of making an assault with intent to commit murder upon the person of Aileen Kausen, and this conviction is the only one involved upon this appeal.

The record shows that on or about the twenty-fifth day of December, 1932, the defendant entered the room occupied by Aileen Kausen, between the hours of 9 and 10 P. M., and severely beat Mrs. Kausen with a flashlight then in his possession. It appears from the testimony that the defendant and Aileen Kausen were husband and wife, but had been separated for some time, and that Mrs. Kausen had obtained an interlocutory decree of divorce. At the time of the assault Mrs. Kausen was living in an apartment situate in the rear of a house occupied by her…