State v. Doe

The defendant herein was charged and convicted of assault in the first degree by a jury. Trial was had in Yellowstone County before the Honorable C. B. Sande as presiding judge. The verdict of guilty as charged was returned by the jury on January 26, 1965. Sentence of ten years at the State Prison was pronounced on January 29, 1965.

From the jury verdict and judicial sentence of ten years the defendant, appeals citing three specifications of error, the first being misconduct on the part of the county attorney in exhibiting to the jury a .25-caliber Browning automatic pistol. The second…