What is the test for sustaining a judgment against a defendant who waived a jury trial to avoid prosecution for assault with intent to commit murder?

The People seek to sustain the judgment on three separate theories. First, they claim that at the time he waived a jury trial the defendant had notice from the information that the rposecution would seek to prove that he assaulted his victims with intent to commit murder (see count II, fn. 1, supra), and that A fortiori he was able to prepare a defense to the charge that he intended to commit great bodily injury. In People v. Lewis (1960) 186 Cal.App.2d 585,

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