State v. Flanagan

Williams, Judge:

Defendant was indicted for a felonious assault upon Sylvester B. Waldo and was found guilty of simple assault and battery, fined $100 and sentenced to thirty days in jail; and he brings error.

Hearing some shots fired in his woodland and suspecting that someone was hunting on his land, defendant called his nephew, Frank Flanagan, a boy fourteen years of age, and they went into the woods in search of the trespasser. Defendant went by one route and sent the boy by another. Presently defendant came in sight of the prosecuting witness, Waldo, who was carrying a gun. When he came…