Myers

Defendant was charged with violating Penal Code section 217, assault with intent to commit murder. A deputy public defender was appointed, defendant was arraigned, defendant pled not guilty, a jury trial was held, and defendant was found guilty as charged. Motion for new trial was denied, probation was denied, and defendant was sentenced to state prison for the term prescribed by law. Defendant has appealed from the judgment and from the order denying a new trial. The latter order is not appealable and we dismiss that portion of the appeal.

Carlos Hyder was employed as a bartender at Jack’s 1117 Club on November 29, 1966. Janet Nord, the owner’s wife, and McKinley Holmes were also at the club on November 29'th. At 1 or 1:30 a.m., they saw defendant, and Hyder asked what defendant was going to drink. Defendant said he wasn’t drinking. Hyder tended to other customers, defendant walked around, Hyder repeated his question to defendant and defendant refused to order. Defendant walked over to a pool table and “pestered” some of the players. Defendant leaned on a pool table, stared at a player, walked up to people and just looked at them. Defendant walked about slowly, staggered, weaved…