Dickerson

Alphonso Dickerson was charged with assault with intent to murder (Pen. Code, § 217). Represented by the public defender, he waived trial by jury and had his case tried by the court. He was convicted of the lesser offense of assault by force likely to produce great bodily injury (Pen. Code, § 245).

Mrs. Gertrude Devezin, the complaining witness, a widow, knew Dickerson slightly and occasionally employed him to run errands for her. On the evening of July 9, 1964, Dickerson came to her apartment and beat her into unconsciousness. He repeatedly kicked her in the face, broke her jaw, and inflicted other serious injuries. She testified he said “I'm tired of you talking about your son. ... I’m going to kill you.” She saw an electric cord in his hands, and at the hospital she discovered that her throat was bruised.

A second witness, Cary Banks, saw defendant leave Mrs. Devezin's house with an extension cord in his hand. Defendant said, “I just beat the old so-and-so, you know, up. ... If she isn't dead, I should go back and kill her.” Mr. Banks went to Mrs. Devezin's apartment, found the living room a wreck, saw blood all around, and discovered Mrs. Devezin in a chair covered with…