State v. Wiley

MORIARTY, C.

The appellant, Alva Wiley, was tried on an information charging him with having committed an assault with a -dangerous weapon.

Evidence was introduced1 by the state to show that the de*111fendant, with a shotgun in his hands, advanced toward an automobile occupied by Tom Bowles and Lily -Bowles, his wife, and aimed the gun at Mrs. Bowles in a threatening manner. The defendant testified that the gun was not loaded at the time, and there was no other evidence on that point. The undisputed evidence shows that the defendant did not approach nearer to the Bowles car than about 20 feet.

In…