Burton

Convicted of assault with a deadly weapon by the trial court sitting without a jury, defendant appeals from the judgment of conviction and from the Order denying his motion for a new trial. Defendant contends (1) that the evidence does not support the conviction in that “the evidence clearly shows the right of self defense” and (2) that the trial court abused its discretion in denying his motion for a new trial on the ground of certain newly discovered evidence, the substance of which was set forth in supporting affidavits. We have concluded that neither of these contentions is meritorious.

It is undisputed that a rather sordid quarrel developed between defendant and Pearl Mitchell, the complaining witness, and that this quarrel was abruptly and decisively terminated when defendant felled Mrs. Mitchell with a well-aimed brickbat 1 hurled from a distance of some 15 feet. A lengthy exposition of the sharply conflicting testimony would constitute no worthwhile contribution to legal literature.

Defendant relies upon testimony given by defense witnesses to the effect that Mrs. Mitchell was reputed to have a violent disposition, a fact known to the defendant; that she *792 approached…