State v. Valdez

CROCKETT, Chief Justice:

Defendant Joe Valdez was convicted of the crime of assault with a deadly weapon upon evidence that on November 19, 1966, he had stabbed one Jose Don Valerio at Gus’s Tavern on West 25th Street in Ogden, Utah. On appeal he charges error in instructions to the jury and the admission of certain evidence.. The first error urged is that the jury , should have been instructed on the lesser and included offense of simple assault., There was substantial evidence that defendant stabbed Valerio in the stomach with a knife. On the other hand, the defendant testified that he had a…