State v. Rush

The defendant was charged by information with the crime of assault in the second degree. From sentence and judgment on the verdict of guilty, the defendant appealed.

Counsel for appellant first contend that the state failed to prove commission by appellant of the crime charged.

The prosecuting witness testified that appellant, when not distant more than four feet from him, menaced the prosecuting witness with a pocket knife, which had one sharp blade three and one-fourth inches long, after he refused to accede to the request of appellant for a loaf of bread off the truck which he was operating;…