Lane v. State

The defendant was charged in the district court of Osage county with the crime of assault with a dangerous weapon, was convicted and sentenced to serve a term of two years in the penitentiary, and has appealed.

The first assignment of error is that the court erred in giving instruction No. 10, which is as follows:

“You are instructed that if you find from the evidence, facts and circumstances in proof, beyond a reasonable doubt, that the defendant herein armed himself for the purpose of making an assault upon the prosecuting witness, with the intention then and there existing in his mind to…