State v. Kritzer

The appellant, Walter L. Kritzer, wa^ found guilty by a jury of assault in the second degree, anql, from the judgment, has taken this appeal.

The material facts which the jury must- have found in order to arrive at the verdict were that some horses belonging to the prosecuting witness, one G. W. McClelland, strayed onto the premises occupied by appellant; that, during his search for the horses, McClelland went to a place on a public highway where a road leading to the premises of appellant branched off, and, while there, appellant came out of his residence armed with a gun, which he pointed at…