State v. Woods

OPINION

SUTIN, Judge. ■

Woods was indicted and convicted of aggravated assault under § 40A-3-2, subd. A, N.M.S.A. 1953 .(Repl. Vol. 6), which reads in part:

“Aggravated assault consists of unlawfully assaulting * * '* another with a deadly weapon;”

Woods appeals. We affirm.

During an argument over Woods’ conduct in another’s home, Woods pulled a loádéd gun out of his hip pocket, pointed it at the male prosecuting witness and said, “I will kill you now.” The prosecuting witness immediately jumped up and ran from the home.

Woods contends there is no evidence that a crime, as defined by the court’s…