State v. Burtts

Defendant, Harold Burtts, appeals from a judgment of conviction for the crime of assault with a dangerous weapon. SDC 1960 Supp. 13.2404. Numerous errors are assigned *153involving largely rulings on motions, admission and exclusion of evidence, and instructions to the jury. Such as merit discussion will be referred to after we state the material facts.

During the night of October 11, 1963, defendant and his wife were at a tavern in Pierre where he played with a small dance band. After completing his job they went to another bar for a drink and left when it closed at about 1 a. m. While driving to…