Quesada

In a non jury trial defendant was adjudged guilty of assault with a deadly weapon. She appeals from the judgment and the order denying her motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment; and that the court abused its discretion in not granting a new trial on the ground of newly discovered evidence.

On January 15, 1957, about 1 a. m., Miss Blair and Mr. Solorzano were sitting at the bar in a saloon. About 10 minutes thereafter, the defendant and Espe Baca (girl friend of defendant) entered the saloon and approached Miss Blair with whom they were acquainted. Baca asked Blair if her friend (Solorzano) would buy a drink for Baca and defendant. Solorzano bought drinks for them, and they sat at the bar.

Blair testified that, after the drinks had been served, she stood up in order to show new pedal-pushers to Baca; when she stood up she left her cocktail glass on the bar; at that time defendant was sitting at the bar, and Blair and Baca were standing near defendant; Blair was about 3 feet from defendant and she (Blair) did not have anything in her hands; while they were standing there, defendant criticized Blair with respect to…