State v. Winters

*415The opinion of the court was delivered by

Burch, J.:

The appellant was convicted of the crime of assault with a deadly weapon — a gun and gun barrel —with intent to kill. He was traveling overland with his wife in a wagon. Parties who were afterward witnesses at the trial were passing, near where the appellant’s wagon stood when they discovered him in the act of kicking the prostrate body of his victim. He halted them with a threat that he would blow their brains out and said he had killed a man there, a Mexican, and that if the Mexican were not dead he would finish him. He compelled the…