State v. Donahue

The opinion of the court was delivered by

Fontron, J.:

The defendant, Henry Donahue, was convicted of feloniously assaulting one Donald Swallow with a 22-calibre pistol, in violation of K. S. A. 21-431, and he has appealed from that conviction. In this opinion, we will refer to appellant as the defendant and to appellee as the state.

Basically, two points are raised by the defendant: (1) that the evidence was insufficient to establish either malice aforethought or an intent to kill or maim, both of which are essential elements of the offense charged against him; and (2) that hearsay evidence was…