Price

Defendant was convicted of assault with a deadly weapon (Pen. Code, § 245), and he appeals. The evidence is ample to sustain the conviction, and appellant does not contend otherwise. Through court-appointed counsel, he urges error in that the court did not specifically instruct the jury that the burden of proof was on the state. Both sides waived written instructions, and defendant did not request any instruction upon the subject of burden of proof.

*852 The court did give the following instructions: “In every criminal proceeding under our system of criminal jurisprudence the defendant is presumed to be innocent until the contrary is proven, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal. The presumption of innocence attaches at every stage of the case, and to every fact essential to a conviction.

“Reasonable doubt, ladies and gentlemen, is that state of the case which, after an entire comparison and consideration of all of the evidence, leaves your mind in that condition that you cannot say you feel an abiding conviction to a moral certainty of the truth of the charge.

“The law, however, does not require…