People v. Guiterrez

Defendant appeals from a judgment whereby he was convicted of the crime of assault with a deadly weapon. He also gives notice of appeal from an order denying his motion for a new trial, but the record does not show that there was any motion for a new‘trial. We therefore treat the appeal as being solely an appeal from the judgment.

The evidence shows that without provocation the defendant struck his victim, one Wenasleo Trujillo, with a knife, and that by this wound Trujillo was deprived of the sight of one eye. The first point presented is that the court erred in sustaining an objection to the…