State v. Nickerson

MR. CHIEF JUSTICE ADAIR:

The defendant Clarence Nickerson was charged by information with having committed the crime of assault in the first degree “upon the person of Fred Hoehalter with a deadly weapon, t-o-wit: A loaded revolver, with the intent then and there within him, the said Clarence Nickerson, to kill the said Fred Hoehalter.” On his plea of not guilty defendant was tried, — convicted of assault in the second degree and sentenced to imprisonment in the state prison for a term of one year. From the judgment of conviction entered against him, defendant has appealed.

Motion to Dismiss.…