LILLIE, J.
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...
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