State v. Gilmore

MASON, Justice.

Defendant Edward Gene Gilmore was indicted, tried and convicted by a jury of assault with intent to commit murder contrary to section 690.6, Code, 1966. Following his conviction, Gilmore was sentenced by the Polk district court to imprisonment in the state penitentiary at Fort Madison not to exceed 30 years.

Defendant appeals from this judgment. His four assignments of error relied on for reversal challenge the court’s refusal to give defendant’s requested instructions.

The incident giving rise to the criminal charge occurred November 25, 1967 in a Des Moines tavern. David…