Griffith

Defendant was charged with the crime of assault with intent to commit murder. The jury returned a verdict finding him guilty of the lesser crime of assault with a deadly weapon. From the judgment which followed upon the entry of this verdict, and from the order denying his motion for a new trial, he appeals.

The assault was committed upon the person of defendant’s wife, and her narrative of the occurrence is as follows: The Griffiths had been living at the Arcadia Hotel in Santa Monica and were about to remove to Los Angeles. Upon September 3d the defendant went from Los Angeles to Santa Monica and proposed to his wife a. walk upon the beach. They took this walk, purchasing some souvenir postal-cards at a curio-store, thence to the plunge-bath, and thence back to the hotel, wdiere the wife resumed the packing of her trunks, as they were to leave the hotel the following day. She had nearly packed her trunk when her husband entered. He took his overcoat from the closet and placed it in the trunk which she was packing, went into another of their apartments, and when next he entered the room brought with him his wife’s prayer-book. His wife noticing it, said: “Never mind about the…