People v. Denker

While the result reached by the verdict of the jury was probably right and the evidence fully justified the jury in finding the defendant guilty of assault in the second degree as charged in the indictment, nevertheless, by reason of erroneous instructions given the jury by the judge presiding at the trial, the judgment of conviction must be reversed and a new trial granted.

Under the indictment, the appellant, with another, was charged with the crime of assault in the second degree committed upon the person of the complainant, one Bernard. The defendant was • a peace officer, and it was…