Givens

The appellant was accused of having committed the crime of assault with a deadly weapon in violation of section 245 of the Penal Code. It was further alleged in the information that he had theretofore been convicted of three felonies for each of which he had served a term of imprisonment in a state prison. He waived his right to trial by jury and was found guilty of the offense charged. The court found the allegations as to the prior felony convictions to be true. The appellant’s motion for a new trial was denied and he was sentenced to the state prison for the term prescribed by law. He appeals from the judgment and from the order denying his motion for a new trial.

*76 The contention of the appellant is stated to be that the evidence is insufficient to justify the conviction in that the evidence shows that he acted in self-defense. Keeping in mind that on this appeal the evidence is to be viewed in the light most favorable to the prosecution (People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778 ]; People v. Carnavacci, 119 Cal.App.2d 14, 16 [ 258 P.2d 1127 ] ; People v. Renek, 105 Cal. App.2d 277, 281 [ 233 P.2d 43 ]; People v. Von Benson, 38 Cal.App.2d 431, 434 [ 101 P.2d…