Garcia

Defendant was convicted of assault with a deadly weapon (§ 245, Pen. Code) ; he appeals from the judgment.

Unable to sleep, Joe Godiness frequently walks at night; around 3 a.m. on July 7, 1968, he was walking in front of his residence when he saw defendant walk across the street; defendant appeared to have been drinking but “was not falling all over himself” and was able to think rationally; he conversed with defendant and scolded him because someone had told him defendant had “dirtied” his car; defendant denied he had done so and challenged him to a fight but Godiness refused and defendant departed. About half an hour later, while Godiness was still walking in front of his house, defendant approached him carrying a bow and arrow; defendant “was pointing it [arrow] at [him].” Because half an hour earlier defendant wanted to fight him and he saw defendant-approach with a bow and the arrow pointed at him, Godiness hit and kicked him in an effort to disarm him at which time defendant shot Godiness in the right arm; with the arrow stuck “clean through” his arm, Godiness picked up a wooden bed slat about 3 feet long and disarmed defendant taking his bow and a second arrow which he…