People v. Eilers

Opinion

McKINSTER, J.

Following a jury trial, the defendant appeals from a judgment of conviction of assault with a deadly weapon. We affirm.

Factual and Procedural Background

Using a fishing knife, the defendant inflicted three lacerations to the neck and chin of the prosecuting witness, Mr. Waiter, ranging from three and one-half to about eight inches in length. Waiter claimed that the defendant had attacked him without warning or provocation. The defendant testified that, to the contrary, he had slashed Waiter to defend himself against Waiter’s sudden attack on the defendant.

The defendant was…