State v. Falcone

The above entitled cause is an indictment charging the respondent with an assault upon one Robert P. Day with a shovel with intent to kill said Robert P. Day. The case was tried before a justice of the Superior Court sitting with a jury and resulted in a verdict that the respondent was guilty of an assault with a dangerous weapon. The case is before us upon the respondent’s exceptions to certain rulings of said justice made in the course of the trial.

Upon the day when the assault is alleged to have been committed, the respondent was employed in a certain quarry in the town of Westerly of…