Weaver

By an information filed in the superior court defendant and appellant was charged with the crime of assault with a deadly weapon, with intent to commit murder, to which he entered a plea of “not guilty”. A trial was had before a jury and the jury returned a verdict of guilty as charged in the information. This appeal is taken from the judgment of conviction and from the order of the trial court denying appellant’s motion for a new trial.

Appellant makes two general assignments of error: First, that the evidence does not support the verdict; and second, that the trial court erred in its rulings upon the admissibility of evidence.

Under appellant’s first assignment of error he argues that the evidence establishes the fact that appellant’s assault was justified in defense of appellant’s person. The record discloses that an altercation took place between defendant and the complaining witness in a store operated by the complaining witness, about 10 minutes before the assault with which the defendant is charged. There is a conflict as to how this first altercation began, between the testimony of defendant and the testimony of the complaining witness. However, the evidence shows that…