Hayes

Defendant appeals from a judgment of the court entered on a jury verdict finding him guilty of two counts of assault with a. deadly weapon in violation of Penal Code section 245. He contends that the evidence is insufficient to support the judgment of conviction; that he was denied a fair trial because the waiver of his Miranda rights was obtained while he was intoxicated; that the district attorney was guilty of prejudicial misconduct; that his trial counsel was incompetent; and that the punishment imposed by the court was excessive. We have concluded that none of the contentions are meritorious.

The Facts

On the evening of November 21, 1969, Michael Miller, a longshoreman, was conversing with defendant at Mike’s Club in Eureka. Miller and defendant talked about something that had happened previously between defendant and another longshoreman. Defendant asked Miller if he “wanted to fight about it,” and the two stood up. Miller saw a knife in defendant’s right hand. Defendant began swinging the knife and, when Miller attempted to block a blow, his arm was slashed.

Mrs. Shirley Davis, who was sitting at the bar near defendant, saw a closed knife in defendant’s hand.…