What is the test for a jury to convict a defendant of a charge of assault?

"However, we find no reason in law, justice, or common sense why a jury that is not persuaded of the defendant's guilt of the charged offense should not have the opportunity to find him guilty of a lesser related offense where, as here, the lesser offense is closely related to that charged, there is evidence [209 Cal.App.3d 395] of its commission, and defendant's theory of defense is consistent with such a finding." (People v. Geiger, supra, 35 Cal.3d at p. 514, 199 Cal.Rptr. 45, 674 P.2d 1303.)

We therefore hold that the court properly gave the requested felony assault instructions.