Davis v. State

NIX, Judge.

The plaintiff in error, who will be designated as the defendant herein, was convicted by a jury in the District Court of Pottawatomie County of assault and battery with a dangerous weapon. The punishment was left to the trial judge who sentenced the defendant to three years in the state penitentiary. The defendant lodged his appeal in this cortrt within the time prescribed by law and advances numerous assignments of error upon which he relies for reversal. However, this appeal can be determined by consideration of the correctness of the trial judge’s ruling upon defendant’s…