State v. Bailey

i. criminal law: instruction: assault, I. The evidence is altogether circumstantial. On the day that it is alleged the offense was committed, Marlett left the town of Colo, alone in a wagon, in an . , , ,.,. _ ' intoxicated condition. In some manner he received five wounds on the head, each one about two inches long, passing through the skin to the skull. The wounds were lacerated wounds, inflicted with a dull instrument, not sharp enough to make a clean cut, and not dull enough to make a contused wound. There was also a bruise on the shoulder, the skin not broken but merely red. Marlett at…