State v. Gonzales

BlUiME, Justice.

The defendant in this case was charged with a felonious assault and battery upon Alvin Spillman with intent to murder. In a second count the defendant was charged with mayhem. A motion was made to compel the state to elect upon which count of the information it would proceed, and judging from the instructions of the court, the state elected to proceed under the first count. The defendant was convicted óf assault and battery with intent to commit manslaughter, sentence was imposed upon him, and he has appealed. The record contains the pleadings, the journal entries and the…