Dorsey

After a court trial defendant was convicted of assault with intent to commit murder. (Pen. Code, § 217.) He appeals.

Facts

The victim of the alleged crime was one Ernest E. Lee. He testified as follows: at 7 p.m. on February 10, 1967, he walked into a liquor store at Fifty-first and Avalon. Defendant came in and accused him of making a statement to his wife. It was fairly light outside. 1 He could not recall having been with the defendant just before then, or having seen him in the area. Lee asked defendant who his wife was. He had seen defendant before, but did not know him personally. Defendant said: *425 “You’re not going any place.” Defendant then started a fight in the course of which he stabbed Lee twice in the intestinal area. Lee’s “stomach was laid wide open.” It took 28 stitches to sew up the wounds. Lee apparently received the first stab wound inside of the store. The fight then moved outside, where Lee was stabbed again. After he was stabbed Lee ran to a filling station and asked one of the attendants to call an ambulance. Defendant did not pursue him. Lee stayed at the General Hospital for about a week. Lee had been drinking at the time of the incident. He had seen…