People v. Bercillio

Opinion by

MR. JUSTICE LEE.

Defendant-appellant, John Bercillio, seeks reversal of his Conviction of assault with a deadly weapon in violation of C.R.S. 1963, 40-2-34. We affirm the judgment of conviction.

The charge against appellant arose out of an affray outside a dance hall in Montrose, Colorado. The record shows that one Jose Morales was stabbed by appellant, who thrust a broken beer bottle into Morales’ abdomen. Appellant received a severe cut on his hand, presumably from a pocket knife used by Morales. Appellant’s theory of innocence was predicated on self-defense. The jury chose to…