State v. Wilding

HODDEN, J.,

Dissenting. — This ease was originally assigned to me and I prepared an opinion which fully expresses my views on what appears to me to be the single, decisive question presented on the appeal. A majority of my colleagues take a different view of the case. Therefore, the opinion so prepared will now serve to express my dissent.

The decisive question presented on this appeal- is: Defendant having been convicted in the district court of the commission of a simple assault, and not with the crime of battery, is the complaint sufficient to support the conviction for simple assault ?

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