Penny v. State

Burt Penny was indicted for an assault, 'and it was charged against him that he did attempt to commit a violent injury upon one J. C. Smalley. On the trial of the case the following facts were shown: On a certain night in February, 1901, between seven and eight o’clock, three men drove up in a buggy and stopped in front of Smalley’s house. One of these (Penny) got out of the buggy, went to the house, and knocked at the door. He replied to an inquiry made by one of Smalley’s daughters at the door, and who asked him what he wanted: “ I want a drink of water, by God.” He was then directed to go…