PRENTICE, Justice.
Defendant (Appellant) was convicted after trial by jury of Attempted Murder, Ind. Code § 35-41-5-1; § 35-42-1-1 (Burns 1979) and sentenced to twenty-five (25) years imprisonment. This direct appeal presents the following issues:
(1) Whether the trial court erred in admitting evidence of marital discord between Defendant and the victim, his ex-wife.
(2) Whether alleged misconduct of the prosecutor denied Defendant fundamental due process.
(3) Whether the trial court erred in failing to declare a mistrial.
(4) Whether the trial court erred in refusing Defendant’s tendered instructions respecting “premeditated malice.”
(5) Whether the trial court erred in its conclusions that the statute precludes suspension of a sentence imposed upon a conviction for Attempted Murder.
The evidence most favorable to the State reveals that Defendant wounded his ex-wife with a gun in a parking lot at about 1:00 a.m. on November 29, 1980. Surgery was required to remove the bullets. After their divorce Defendant became angry when his ex-wife went out on dates. The shooting incident occurred as the victim was on her way home from one such date. At trial Defendant admitted his presence at the scene, remembered nothing about the shooting, and denied that he intended to kill her.
* * * * * *
ISSUE I
Defendant first contends that the trial court erred in allowing the ex-wife to testify about Defendant’s behavior after she filed her petition for dissolution. She related problems concerning Defendant’s visiting the couple’s child and that she had had to call the police and to go to court because of Defendant’s conduct. In one instance, after she had obtained a restraining order, Defendant came to her home at night and banged on the door, claiming that he wanted to talk. He had been drinking, and shortly after entering the house, he assaulted her. This pattern of anger and resentment continued after the divorce, particularly with respect to her seeing other men:
“Q. And did you encounter any difficulty with Mr. Haggenjos as a result of your social activities?
[432]*432“A. Well, I didn’t feel that I could go out with anyone because he was— he would get very angry with me. He kept telling me that I had no right to do that. That—he told me that I was sinning against God, and the church, and everything by going out with another man.”
Defendant claims that this testimony was not evidence of other crimes, since none of the events related therein involved a criminal conviction, and as such the evidence was not admissible to prove his intent. We do not agree. The pendency of the divorce action along with the pattern of Defendant’s harrassment of the victim tends to show that he had a motive to kill her and consequently acted with the intent required to sustain a conviction for Attempted Murder. Koerner v. State, (1884) 98 Ind. 7, 25 (evidence of quarrels, beatings, and threats between husband and wife in a prosecution of the husband for the murder of his wife); Binns v. State, (1877) 57 Ind. 46, 52 (fact of pending divorce action may be competent to show state of feeling between parties in a prosecution of husband for the murder of his wife); Kelley v. State, (1958) 98 Ga.App. 324, 105 S.E.2d 798 (evidence tending to show jealousy as a motive for a homicide); State v. Noyes, (1960) 69 Wash.2d 441, 446, 418 P.2d 471, 475, cert. denied, (1967) 386 U.S. 968, 87 S.Ct. 1053, 18 L.Ed.2d 122 (evidence of Defendant’s quarrels with his wife over her relationships with other men). We find no error in the admission of the ex-wife’s testimony.
ISSUE II
Defendant next raises two claimed instances of prosecutorial misconduct, which, when coupled with the prosecutor’s attempt to interject inadmissible evidence in Issue I, supra, assertedly resulted in a denial of due process.
Defendant contends that the victim was improperly allowed to relate the nature of her surgery. For the purpose of showing serious bodily injury, the trial court permitted the victim to testify that she underwent exploratory surgery which disclosed the damage done by one bullet. She also had two other operations, one to remove a bullet from her neck and another to repair damage done to two of her fingers. The testimony was elicited in a straightforward manner with no attempt by the State to embellish upon gory details. The victim’s testimony communicated the nature and extent of the wounds inflicted upon her, which is relevant to the issue of Defendant’s intent to commit Murder. Gayer v. State, (1965) 247 Ind. 113, 116-17, 210 N.E.2d 852, 855; Washington v. State, (1979) Ind.App., 379 N.E.2d 1032, 1035; Smith v. State, (1975) 165 Ind.App. 37, 42, 330 N.E.2d 384, 387 (trans. denied).
Also over objection the victim testified that she left the hospital on the “8th day.” In Arnett v. State, (1969) 251 Ind. 685, 689, 244 N.E.2d 912, 914 a majority of this Court held that, “Where, as here, intent to kill is a material issue of the crime of which the Appellant was charged, evidence of the length of the victim’s hospital confinement may be admitted in evidence' for the consideration of the jury in determining Appellant’s intent.” Consequently, we find no error in the admission of this testimony.
Defendant also notes misconduct in the prosecutor’s closing argument; however, upon Defendant’s objection, the trial court instructed the jury to disregard the Prosecutor’s comment, “ * * * and to some extent, the decision that you make is going to be the guideline and the standard for behavior * * Defendant has made no attempt to show that the admonition did not cure the error, if any. See Morse v. State, (1980) Ind., 413 N.E.2d 885, 889; Page v. State, (1980) Ind., 410 N.E.2d 1304, 1307. We find no error in the trial court’s rulings, and the record does not show that the Prosecutor’s conduct denied Defendant due process.
ISSUE III
At trial a police officer testified about what occurred when Defendant was arrested and taken to the police station:
“Q. What else did you do?
[433]*433“A. Advised the Detective Bureau that I had him in custody, and I advised him of his rights, asked him if he wanted to make a statement...
“Mr. GRAY: Judge, we’re going to object and ask if we can approach the bench. * * * Judge, the Defendant moves for a mistrial. The United States Supreme Court has indicated that the mere fact that a person is read his rights, and then indicates that he is exercising his rights is impermissible to be introduced to any Case-In-Chief for which the Defendant is being tried in a criminal case.
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PRENTICE, Justice.
Defendant (Appellant) was convicted after trial by jury of Attempted Murder, Ind. Code § 35-41-5-1; § 35-42-1-1 (Burns 1979) and sentenced to twenty-five (25) years imprisonment. This direct appeal presents the following issues:
(1) Whether the trial court erred in admitting evidence of marital discord between Defendant and the victim, his ex-wife.
(2) Whether alleged misconduct of the prosecutor denied Defendant fundamental due process.
(3) Whether the trial court erred in failing to declare a mistrial.
(4) Whether the trial court erred in refusing Defendant’s tendered instructions respecting “premeditated malice.”
(5) Whether the trial court erred in its conclusions that the statute precludes suspension of a sentence imposed upon a conviction for Attempted Murder.
The evidence most favorable to the State reveals that Defendant wounded his ex-wife with a gun in a parking lot at about 1:00 a.m. on November 29, 1980. Surgery was required to remove the bullets. After their divorce Defendant became angry when his ex-wife went out on dates. The shooting incident occurred as the victim was on her way home from one such date. At trial Defendant admitted his presence at the scene, remembered nothing about the shooting, and denied that he intended to kill her.
* * * * * *
ISSUE I
Defendant first contends that the trial court erred in allowing the ex-wife to testify about Defendant’s behavior after she filed her petition for dissolution. She related problems concerning Defendant’s visiting the couple’s child and that she had had to call the police and to go to court because of Defendant’s conduct. In one instance, after she had obtained a restraining order, Defendant came to her home at night and banged on the door, claiming that he wanted to talk. He had been drinking, and shortly after entering the house, he assaulted her. This pattern of anger and resentment continued after the divorce, particularly with respect to her seeing other men:
“Q. And did you encounter any difficulty with Mr. Haggenjos as a result of your social activities?
[432]*432“A. Well, I didn’t feel that I could go out with anyone because he was— he would get very angry with me. He kept telling me that I had no right to do that. That—he told me that I was sinning against God, and the church, and everything by going out with another man.”
Defendant claims that this testimony was not evidence of other crimes, since none of the events related therein involved a criminal conviction, and as such the evidence was not admissible to prove his intent. We do not agree. The pendency of the divorce action along with the pattern of Defendant’s harrassment of the victim tends to show that he had a motive to kill her and consequently acted with the intent required to sustain a conviction for Attempted Murder. Koerner v. State, (1884) 98 Ind. 7, 25 (evidence of quarrels, beatings, and threats between husband and wife in a prosecution of the husband for the murder of his wife); Binns v. State, (1877) 57 Ind. 46, 52 (fact of pending divorce action may be competent to show state of feeling between parties in a prosecution of husband for the murder of his wife); Kelley v. State, (1958) 98 Ga.App. 324, 105 S.E.2d 798 (evidence tending to show jealousy as a motive for a homicide); State v. Noyes, (1960) 69 Wash.2d 441, 446, 418 P.2d 471, 475, cert. denied, (1967) 386 U.S. 968, 87 S.Ct. 1053, 18 L.Ed.2d 122 (evidence of Defendant’s quarrels with his wife over her relationships with other men). We find no error in the admission of the ex-wife’s testimony.
ISSUE II
Defendant next raises two claimed instances of prosecutorial misconduct, which, when coupled with the prosecutor’s attempt to interject inadmissible evidence in Issue I, supra, assertedly resulted in a denial of due process.
Defendant contends that the victim was improperly allowed to relate the nature of her surgery. For the purpose of showing serious bodily injury, the trial court permitted the victim to testify that she underwent exploratory surgery which disclosed the damage done by one bullet. She also had two other operations, one to remove a bullet from her neck and another to repair damage done to two of her fingers. The testimony was elicited in a straightforward manner with no attempt by the State to embellish upon gory details. The victim’s testimony communicated the nature and extent of the wounds inflicted upon her, which is relevant to the issue of Defendant’s intent to commit Murder. Gayer v. State, (1965) 247 Ind. 113, 116-17, 210 N.E.2d 852, 855; Washington v. State, (1979) Ind.App., 379 N.E.2d 1032, 1035; Smith v. State, (1975) 165 Ind.App. 37, 42, 330 N.E.2d 384, 387 (trans. denied).
Also over objection the victim testified that she left the hospital on the “8th day.” In Arnett v. State, (1969) 251 Ind. 685, 689, 244 N.E.2d 912, 914 a majority of this Court held that, “Where, as here, intent to kill is a material issue of the crime of which the Appellant was charged, evidence of the length of the victim’s hospital confinement may be admitted in evidence' for the consideration of the jury in determining Appellant’s intent.” Consequently, we find no error in the admission of this testimony.
Defendant also notes misconduct in the prosecutor’s closing argument; however, upon Defendant’s objection, the trial court instructed the jury to disregard the Prosecutor’s comment, “ * * * and to some extent, the decision that you make is going to be the guideline and the standard for behavior * * Defendant has made no attempt to show that the admonition did not cure the error, if any. See Morse v. State, (1980) Ind., 413 N.E.2d 885, 889; Page v. State, (1980) Ind., 410 N.E.2d 1304, 1307. We find no error in the trial court’s rulings, and the record does not show that the Prosecutor’s conduct denied Defendant due process.
ISSUE III
At trial a police officer testified about what occurred when Defendant was arrested and taken to the police station:
“Q. What else did you do?
[433]*433“A. Advised the Detective Bureau that I had him in custody, and I advised him of his rights, asked him if he wanted to make a statement...
“Mr. GRAY: Judge, we’re going to object and ask if we can approach the bench. * * * Judge, the Defendant moves for a mistrial. The United States Supreme Court has indicated that the mere fact that a person is read his rights, and then indicates that he is exercising his rights is impermissible to be introduced to any Case-In-Chief for which the Defendant is being tried in a criminal case. Based on this witness’s testimony, he has now indicated to the Jury that he was advised of his rights, and that to leave the chapter unfinished as what happens — because the police report clearly indicates that the Defendant is going to say that he had nothing to say and he exercised his rights — -is grounds for a mistrial.”
Defendant’s United States Supreme Court case is Miranda v. Arizona, (1966) 384 U.S. 436, 468 n. 37, 86 S.Ct. 1602, 1625 n. 37, 16 L.Ed.2d 694, 720 n. 37, which supports his representation to the trial court. The State counters that no reference was made to whether Defendant invoked his right to remain silent, and even if there had been such a reference, an admonition to the jury would have cured it, citing Grimes v. State, (1972) 258 Ind. 257, 264, 280 N.E.2d 575, 579.
Defendant’s Reply Brief contains the following, which more completely details the argument on appeal:
“The State’s argument that the issue of the improper questioning was irrelevant fails to identify the fact that it did not arise because the defendant objected to its introduction. It was the conduct that forced the defendant to object to the impending objectionable statement that is being appealed from, not the fact that the court sustained the objection.”
The record shows no “impending objectionable statement.” The witness was asked to relate his actions; not the defendant’s. We cannot assume, as Defendant must have us do in order to rule in his favor, that the witness would volunteer information not responsive to the question asked. We find no error in the trial court’s denial of the motion for a mistrial.
ISSUE IV
Defendant next contends that the trial court erred in refusing two tendered instructions, which explained the concept and requirement of “premeditated malice” as an element of the offense charged and informed the jury that “Malice is an essential element in the crime of murder.” He argues without citation to relevant authority that malice is still relevant to the offense of Attempted Murder despite the new Penal Code definition of Murder, Ind.Code § 35-42-1-1 (Burns 1979), which no longer contains malice as an element. In his Reply Brief Defendant changes his line of argument:
“While the State correctly states that malice is no longer an element of the crime of murder, it overlooks the fact that an ‘attempt’ is a specific intent crime and requires more definition than a general intent crime. Zickefoose v. State, (1979) Ind., 388 N.E.2d 507; Rhode v. State, (1979) Ind.App., 391 N.E.2d 666. Thus, instructions on the state of mind described in the instruction on premeditated malice would have allowed the jury to determine what the true definition of intentionally was in the common and statutory law of the State of Indiana.”
Defendant’s tendered instructions did not request a definition of specific intent or mention that concept. The record shows that the trial court gave final instructions, without objection, which explained the elements of attempted murder based upon the elements contained in the current Attempt and Murder statutes, in which malice is no longer an element. In light of the statutory definition of the charged offense, Defendant’s tendered instructions upon the subject of malice would only have confused the jury by injecting an irrelevant issue into the case; consequently, we find no error in their refusal. See Hashfield v. State, (1965) 247 Ind. 95, 103-04, 210 N.E.2d [434]*434429, 434-35, cert. denied, (1966) 384 U.S. 921, 86 S.Ct. 1373, 16 L.Ed.2d 442. Cf. Krauss v. State, (1947) 225 Ind. 195, 199, 73 N.E.2d 676, 677 (the giving of a correct instruction defining murder does not correct error in the giving of an instruction which eliminated the necessity of proving malice and intent.); Miller v. State, (1944) 223 Ind. 50, 56-57, 58 N.E.2d 114, 117 (Same).
ISSUE V
Lastly, Defendant contends that the trial court erred in its belief that a sentence imposed upon a conviction for Attempted Murder was not suspendable under Ind. Code § 35-50-2-2 (Burns 1979), which precludes suspension of a sentence upon a conviction for Murder. The trial court expressed an opinion that the sentence would not be suspendable but nevertheless invited Defendant to present evidence upon the issue. Assuming that the trial court’s interpretation of the statute influenced its choice of a sentence of twenty-five (25) years imprisonment, which is five years less than the presumptive sentence, we find no error.
Defendant argues that Murder and Attempted Murder are not one and the same, citing Smith v. State, (1981) Ind.App., 427 N.E.2d 11, and therefore, since the offense of Attempt is not among the nonsuspenda-ble offenses listed in Ind.Code § 35-50-2-2, the case should be remanded to allow the trial court to re-sentence Defendant free of its erroneous belief. In the recent case of Kee v. State, (1982) Ind., 438 N.E.2d 993, we rejected a similar argument concerning the applicability of Duress as a defense to Attempted Murder:
“Defendant argues that although the defense of duress is not available upon a charge defined in Ind.Code 35-42 (which includes murder) it is, nevertheless available upon a charge of attempted murder. He reasons that the statute which defines duress and makes it available generally, excludes its use only specifically. One specific exclusion is as to a ‘person who: * * * committed an offense against the person as defined in I.C. 35-42.’ He further argues that the crime of attempted murder is not defined in I.C. 35-42, but in I.C. 35^41-5-1 and that, therefore, the exclusion does not apply. The fallacy lies in the conclusion that I.C. 35-41-5-1 defines the crime of attempted murder which, standing alone, it does not. It is definitive of the crime charged only when read in conjunction with I.C. 35-42-1-1 (Murder).” At 994. (Emphasis added).
Similarly, when Ind.Code § 35-50-2-2 speaks of Murder, it also refers to Attempted Murder. We find no error in the trial court’s sentencing of Defendant.
We find no reversible error. The judgment of the trial court is affirmed.
GIVAN, C.J., and PIVARNIK, J., concur.
HUNTER, J., concurs in result with opinion.
DeBRULER, J., concurs and dissents with opinion.