McDaniels v. State of Arizona

DE CONCINI, Superior Judge.

This case is on appeal by the ■ defendant Fred McDaniels, who was convicted in the lower court of the crime of assault with a deadly weapon, a felony, on one Andrew J. Botcher.

On the 4th day of March, 1944, the defendant and the complaining witness, Andrew J. Botcher, had been drinking throughout the day in various bars in the City of Phoenix, Arizona. At approximately one o ’clock a. m., on the 5th day of March, 1944, these two men were walking west on Washington Street and after having crossed the intersection of 2nd Street with the said Washington Street, an…