State v. Conwell

The appellant, who will be designated as defendant herein, was convicted by a jury in the district court of De Baca county of assault with a deadly weapon and sentenced to a term of years in the penitentiary. He seeks a new trial through the medium of an appeal here prosecuted, predicating the same upon several allegfed errors claimed to have been committed against him at the trial.

The deadly weapon charged to have been used was a certain rock identified at the trial as % ths of an inch thick, 4 inches long, and 3 inches wide. It was introduced in evidence and exhibited to the jury.

The…