Johnson v. State

The defendant, Ercy Johnson, was charged in the district court of Pottawatomie county with the crime of attempt to kill; was tried, and convicted of the crime of assault with a dangerous weapon, and his punishment assessed at six months in jail, and has appealed.

For reversal of this case it is urged, first, that the court erred in refusing to declare a mistrial on account “of improper and prejudicial examination of the defendant by the county attorney, and improper and prejudicial conduct and remarks of the county attorney.” The question asked was: “Q. (By Mr. Wyatt) Dough, you shot a boy by…