Day v. People

Plaintiff in error will be referred to as defendant. An information was filed in the district court of El Paso county in which it was alleged that the defendant, “* * * on the 7th day of January A. D. 1962, at the said County of EL PASO, did then and there feloniously, wilfully and of his malice aforethought, make an assault upon BLANCH SYLVIA DAY with a deadly weapon which he, said ROBERT EDWARD DAY, then and there had, with intent then and there, feloniously, wilfully and of his malice aforethought, to kill and murder the said BLANCH SYLVIA DAY; * * *”

Defendant entered a plea of not guilty,…