Largent

This is an appeal by defendant from a judgment of conviction following a jury verdict finding him guilty ■ of the crime of assault with a deadly weapon.

Shortly after midnight on June 3, 1957, the victim, Raul Perez, was in a bar at Weed, California. In the bar at the same time were the defendant and several other customers. As Perez was returning from the restroom, he heard the defendant say to a man sitting next to him, “You have to watch these Mexicans and Niggers, they all carry knives.” Upon hearing this, Perez confronted the defendant, stating, “This is one Mexican you don’t have to worry about. I don’t carry a knife.” Perez testified that as he said this he raised his hands. Defendant replied, “Don’t hit me. I got a broken jaw.” There was additional testimony concerning Perez’s actions immediately before the assault; to wit, that he invited the defendant outside the bar, and that he raised his hands as if to strike him. Defendant then cut Perez with a knife, inflicting two wounds upon his stomach. Others at the bar forced defendant to drop the knife on the floor.

Defendant does not deny that, he cut Perez but contends that he did so in self-defense. His first contention…