State v. Gentry

*535The opinion of the court was delivered by

Mason, J.:

Joseph M. Gentry was convicted of assaulting and wounding C. H. Belknap under circumstances that would have constituted manslaughter if death had ensued. (Gen. Stat. 1909, § 2530.) He appeals.

The defendant, according to the evidence, was engaged in an attempt to take a five-year-old child by force from the possession of one who claimed to be her mother. He struck Belknap, who tried to prevent this, upon the head with a revolver, breaking the skin, and inflicting a wound about four inches long. The circumstances of the assault are stated in…