State v. Stevens

This is an appeal from a judgment and sentence entered upon the verdict of a jury convicting defendant of the crime of assault in the second degree.

Briefly stated, the facts are as follows: A quarrel developed between defendant and his wife in their home, on an occasion when he had been drinking heavily. He struck his wife with his open hand, and she ran out of the house. She testified that he had a 30-40 Krag rifle, and that she was afraid of him. After she had left the house and was some distance down the street, defendant went to the front porch and fired one shot from the rifle. There was…