State v. Martin.

This case comes to the writer on reassignment. An opinion was written by Cooley, C., which failed of adoption by the .court on a divided vote on a question of law. We have concluded he was right in his conclusions and shall use his statement of the facts.

The appellant, George Martin, and Joe Arvin and Harold Johnson were charged by information in the Circuit Court of Buchanan County with felonious assault with intent to maim Lloyd DeCasnett. A severance was granted and appellant Martin, whom we shall call defendant, was tried alone. He was convicted, sentenced to two years’ imprisonment in…