State v. Travis

OPINION OF THE COURT BY

MIZUHA, J.

Defendant-appellant, Thomas Kalna Travis, after a jury trial, was found guilty of assauit and. battery with a weapon obviously and imminently dangerous to life. The appeal was submitted on the briefs without argument.

Appellant assigns as error that the trial court instructed the jury that “* * * a .22 caliber Winchester rifle is a weapon obviously and imminently dangerous to life within the meaning of the statute.” Appellant contends that: “The instruction in this language is error without further amplification of the ‘use’ of the said weapon.”

In Territory v.…