I concur in the majority’s holdings, but write separately regarding the instructions given as to the charge of assault with intent to murder. It is settled law that it is error not to instruct that a defendant must have an “intent to kill” in order to be found guilty of an assault with intent to murder (People v. Murtishaw (1981) 29 Cal.3d 733, 763-765 [175 Cal.Rptr. 738, 631 P.2d 446]), but that intent may be “inferable from the circumstances of the crime,” and the error may not be prejudicial. (People v. Ramos (1982) 30 Cal.3d 553, 584, fn. 13 [180 Cal.Rptr. 266, 639 P.2d 908]; accord, People v. Croy (1985) 41 Cal.3d 1, 20 [221 Cal.Rptr. 592, 710 P.2d 392]; see People v. Montiel (1985) 39 Cal.3d 910, 926-927 [218 Cal.Rptr. 572, 705 P.2d 1248].)
After undertaking a critical survey of the cases on the subject, the majority nonetheless ultimately 1) expressly adheres to the rule requiring a specific intent to kill for the crimes of assault with intent to commit murder (former Pen. Code, § 217) and of attempted murder and 2) acknowledges that *167proper jury instructions should describe the requisite intent as an intent to “kill.” (See ante at p. 142.) I agree with those conclusions. However, in order to avoid any confusion that might arise from the dicta regarding the relevant precedent, I would omit the unnecessary critique. Given the facts of this case, and the proper focus on intent to kill provided by counsel’s arguments, I instead would simply conclude that it is not reasonably probable that the jury would have reached a result more favorable to defendant had it been properly instructed. (People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243].)
Broussard, J., and Arguelles, J.,* concurred.
Appellant’s petition for a rehearing was denied April 26, 1989.
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairperson of the Judicial Council.