Hisquierdo

Defendant was convicted by jury of assault with a deadly weapon while serving a life sentence in a state prison (a violation of Pen. Code, § 4500), and of possessing a dirk or dagger while a prisoner in a state prison (a violation of Pen. Code, § 4502).

Defendant was serving a life term in Folsom Prison. David Hamilton was another prisoner at Folsom. On November 13, 1972, Correction Officers William Sandoval and Chester Moore both observed a fight or scuffle in progress between defendant and Hamilton. From a distance of about 30 feet Officer Sandoval saw defendant strike Hamilton several times with a weapon consisting of a pushrod from a toilet or sink. Officer Moore also saw the weapon in defendant’s hand. Hamilton suffered puncture wounds of the arm, chest and back.

The defense consisted principally of testimony by defendant and David Hamilton. Their version of how Hamilton was wounded was substantially that an unidentified Mexican-American inmate had stabbed Hamilton and had fled just before defendant arrived at the scene; that Hamilton had thought defendant was part of a gang out to get him and consequently Hamilton started fighting with defendant; that defendant…