State v. Roby

This is an appeal from a conviction of second-degree assault in the superior court for Pend Oreille county.

On the evening of November 30, 1951, defendant Roby was playing poker with several individuals, including the prosecuting witness Abrahamson, in a tavern at Cusick, Washington. From time to time throughout the evening, unpleasant and angry words passed between Roby and Abrahamson. The game broke up around midnight, the closing time for the tavern. Abrahamson testified that he gathered up his poker chips in both hands and started for the bar to cash them, whereupon Roby challenged him to…