Carter v. State

OPINION

By the Court,

Mowbray, J.:

David Lee Carter appeals from a jury verdict finding him guilty of assault with a deadly weapon.

In the early morning hours of January 20, 1967, David Lee Carter, in the company of his younger brother, Mitchell J. Carter, visited a roadhouse in Lander County near Battle Mountain. They ordered drinks from the barmaid, Jeanne, and David engaged one of the employees, Carrole Lauderbaugh, in conversation. A dispute arose between David and Carrole which climaxed in David’s throwing his glass of whiskey (which he complained of being iced tea) in Carrole’s face,…