Martin v. State

Defendant was charged by information filed in Blaine county, with the crime of “assault and battery with a deadly weapon with intent to kill”; was tried, convicted, and sentenced to serve a term of four years in the penitentiary, and has appealed.

The facts in this case are that defendant resided near the town of Longdale, in Blaine county. On the night of June 26, 1937, he entered the restaurant of Bob McClaren, and was drinking beer. Some party, whose name the record does not disclose, with a lady companion, was sitting in a booth, and was approached by defendant. An altercation arose, and…