PEEK, J.
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...
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