Hughes

In an information filed by the District Attorney of Los Angeles County defendant was accused of the crime of assault with a deadly weapon. Following a plea of not guilty trial was had before a jury which returned a verdict finding defendant guilty. This appeal is from the judgment of conviction and the sentence pronounced. Since no appeal is authorized from the sentence imposed, the attempted appeal therefrom must be dismissed.

Epitomizing the factual situation which gave rise to this prosecution the record reflects testimony that at about 2 o ’clock on the morning of November 11, 1950, one John Suarez entered a café at San Pedro, in the city of Los Angeles. He seated himself on what was called the third stool at the counter and ordered some food. Shortly thereafter, he left his seat at the counter and was proceeding to the rest room. Prior to the entrance of Suarez into the café, defendant, accompanied by two ladies, had entered. The occupied a space in the café at the far end of the counter, opposite where the victim Suarez sat and near the rest room. According to the testimony of Suarez one of the ladies was seated on what was referred to as the ninth or last stool at the…