Hallback v. State

AREND, Justice.

The appellant, Duane O. Hallback, was tried and convicted, together with one Richard L. Cook, of the crime of cutting Leonard Dunham, Jr., about the face, with intent to wound, 1 and Hallback appeals, charging as a principal error the refusal of the trial court to grant his motion for a directed verdict 2 because of the failure of the prosecution to prove any specific intent on his part.

It is apparent from the statement of the facts of the case as recited by both parties in their briefs that the appellant was actually charged and tried as an aider and abettor of Cook in the…