KAUS, P.J.
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.
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