State v. . Shields

Davis, J.:

The defendant was charged with an assault and battery on one Samuel P. Carden, with a deadly weapon, to-wit, an axe. The defendant and prosecutor were at the house of Frank Carden, a brother of the prosecutor. It was in evidence that Sam. Carden was in the yard sharpening an axe, when the defendant asked ,Frank Carden’s wife for a gun, which she refused to let him have, her husband being absent; whereupon the defendant used opprobrious and insulting language to her, calculated to provoke a breach of the peace, and went into the house to get the gun, after being forbidden; that…