State v. Smith

The defendant was charged by information with the crime of assault in the second degree, the information containing two counts, each of which' charged the same crime as committed against a different person. At the trial, the prosecuting attorney was assisted by special counsel employed by the timber workers union. The jury returned a verdict of guilty of assault in the third degree as to each count, and from a judgment of guilty and sentence, defendant has appealed.

Error is assigned upon the refusal of the trial court to give an instruction .requested by appellant; upon the ruling of the…