People v. Quesada

WOOD (Parker), J. In a non jury trial defendant was adjudged guilty of assault with a deadly weapon. She appeals from the judgment and the order denying her motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment; and that the court abused its discretion in not granting a new trial on the ground of newly discovered evidence.

On January 15, 1957, about 1 a. m., Miss Blair and Mr. Solorzano were sitting at the bar in a saloon. About 10 minutes thereafter, the defendant and Espe Baca (girl friend of defendant) entered the saloon and approached Miss Blair with whom they were acquainted. Baca asked Blair if her friend (Solorzano) would buy a drink for Baca and defendant. Solorzano bought drinks for them, and they sat at the bar.

Blair testified that, after the drinks had been served, she stood up in order to show new pedal-pushers to Baca; when she stood up she left her cocktail glass on the bar; at that time defendant was sitting at the bar, and Blair and Baca were standing near defendant; Blair was about 3 feet from defendant and she (Blair) did not have anything in her hands; while they were standing there, defendant criticized Blair with respect to her clothes, dyed hair, and moral character; then the defendant hit Blair on her left temple, near her eye, with a cocktail glass; the glass broke and cut Blair’s face; defendant and Baca ran out of the place; Blair was taken to a hospital where doctors sewed the face injury; the doctors also sewed a wound which was in the palm of Blair’s hand; she did not know the cause of the cut in her hand.

Mr. Solorzano testified that after the drinks had been ordered, and while he was sitting at the bar and while Blair, Baca, and defendant were standing near him, he heard conversation and he noticed that Blair was looking toward the floor and seemed to be laughing; then he saw defendant, with a cocktail glass in her hand, “lash out” at Blair with her right hand and strike Blair on her left temple; defendant made another grab at Blair, but Solorzano (witness) and the bartender pushed the defendant away.

A police officer testified that he had a conversation with defendant, in the presence of her attorney, at the police station two days after the injury occurred; in that conversation the defendant said: she had known Blair a long time; at the time involved here, Blair kept insisting on buying a drink for [601]