KAUS, J.
Defendant appeals from a conviction of assault with a deadly weapon. He was tried without a jury and probation was denied. Herewith a summary of the evidence:
Laura Aguirre: This witness, the victim of the assault, observed defendant "walking down the hill on the right of me" at 10 p.m. on August 5, 1964, about a house away from where she was living. Defendant acted as if he were picking something "up from the floor" and then all of a sudden...
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