Baca

Defendants were charged by information of the crime of assault with a deadly weapon, committed in the county of San Joaquin, and upon a trial they were convicted of the offense charged. They moved for a new trial, which motion was denied and judgment was pronounced that each defendant pay a fine of $360.

[1] Appellants contend that on account of the trial court’s refusal to give any instructions on self-defense they are entitled to have the judgment reversed and a new trial granted.

It appears from the evidence that the defendants entered the restaurant of the prosecuting witness Aurelio Torres, in the city of Stockton, at about 11:30 P. M., on the third day of November, 1919. The defendant Baca placed a nickel in the slot of the piano and no music followed. He complained about the failure of the piano to play and Aurelio Torres returned a nickel to Mm, and ordered him and his companion Angel Lopez out of the place. They remained inside and commenced to call Torres a robber, whereupon. Torres ejected them from the room. They returned, each with a knife in his hand, and the defendant Baca cut Torres on the right arm. The testimony of Baca shows that there was no claim whatever…