State v. Thomas

The opinion of the court was delivered by

Dawson, C. J.:

Appellant was convicted on a charge of assault with intent to maim, as defined in G. S. 1935, 21-431.

He appeals, contending first that the evidence did not justify submission of the cause to the jury under the cited section of the crimes act. The state’s evidence tended to show that on election *527day, November 3, 1942, one Patterson, the prosecuting witness, and another person were loading wood into a truck at the rear of a building in Topeka. The defendant drove up in an automobile and addressed Patterson thus: “Nigger, when you goin’ to…