Juarez

Defendant appeals from a conviction of assault with a deadly weapon. He was tried without a jury and probation was denied. Herewith a summary of the evidence:

Laura Aguirre: This witness, the victim of the assault, observed defendant "walking down the hill on the right of me” at 10 p.m. on August 5, 1964, about a house away from where she was living. Defendant acted as if he were picking something "up from the floor” and then all of a sudden he started to stab her. He cut her throat, her stomach, her breast, and her arm. He was wearing a T-shirt and another shirt over it, a blue plaid. He had on "some khaki pants.” After the attack he started to run. Mrs. Aguirre screamed for her husband who chased after the suspect. She was hospitalized for eight days. She said that she had no doubt that defendant was her attacker. As defendant came down the hill she noticed his face because he "was a very bad looking face . . . ugly.” There apparently was adequate artificial light for her to see.

Lee Aguirre: He heard his wife scream while he was watching television. He ran downstairs, and found her holding her stomach. She pointed at the defendant who was about ten to fifteen feet away and…