State v. Serfling

The information charged the appellant •with first degree assault in that, on or about a named date, he “unlawfully and feloniously, and with intent to kill a human being, to wit A. Meyers, did assault another, to wit A. Meyers with a firearm, to wit, a 32 Savage automatic pistol. . ' . .” The testimony showed that Meyers and the appellant, together with another, were drinking quite heavily and were, at least to some extent, intoxicated, and that the appellant shot Meyers in the neck, inflicting a serious wound. He has appealed from a judgment of sentence.

It appears that, before the trial,…