State v. Tripp

Under section 43, chapter 94, Gen. St. 1878, defendant was indicted for making an assault (being armed with a dangerous weapon) upon one Hall with intent to do him great bodily harm. The testimony shows that he pointed a loaded pistol at Hall, saying, “I want you to get right out of this yard, or I’ll kill you.” There is no evidence tending to make out any justification or legal excuse for this conduct, nor that defendant had even any right to order Hall off the premises. It also appears that defendant discharged his pistol at Hall, shooting him in the hip. That, in these circumstances, the…