Proving Husband's Intent to Kill His Wife In California

In People v. Hunter (1925) 71 Cal. App.. 315, there was evidence the defendant attempted to draw a pistol from his sock to shoot his wife, but she jumped out the window before he could do so. ( Id. at pp. 317-318.) on appeal, the defendant contended the evidence was "insufficient to prove the alleged assault in that it does not show that the defendant attempted to use the weapon." ( Id. at p. 318.) The court disagreed, stating: "The evidence is ample to show that the defendant had the intention and the present ability to kill his wife. the only question remaining is whether he attempted to carry his purpose into execution. to accomplish that purpose, it was necessary for him to take the gun from his sock, to point it at his wife, and to pull the trigger. Any one of these would constitute an overt act toward the immediate accomplishment of the intended crime. He was endeavoring to take the gun from his sock when his wife thwarted the attempt to kill her by jumping out of the window. Naturally she did not wait to see whether he succeeded in getting hold of the gun or whether he pointed it at her, and it is immaterial whether he did either. the actual transaction had commenced which would have ended in murder if it had not been interrupted." ( Id. at p. 319.)