State v. Fling

LaPRADE, Chief Justice.

Clyde Fling, defendant-appellant, was by a jury convicted of the crime of aggravated assault, a felony. The “aggravation” had its origin in the allegation of the information that defendant assaulted the complaining witness in the private home of the latter. By section 43-603, A.C.A.1939, it is provided that when any person goes into a private home and there is guilty of an assault or battery, such assault or battery is “aggravated.” This appeal is from the resulting judgment and sentence to a term in the state penitentiary. Upon an additional count in the information…