People v. Garcia

Defendant was convicted of assault with a deadly weapon (§ 245, Pen. Code) ; he appeals from the judgment.

Unable to sleep, Joe Godiness frequently walks at night; around 3 a.m. on July 7, 1968, he was walking in front of his residence when he saw defendant walk across the street; defendant appeared to have been drinking but “was not falling all over himself” and was able to think rationally; he conversed with defendant and scolded him because someone had told him defendant had “dirtied” his car; defendant denied he had done so and challenged him to a fight but Godiness refused and defendant…