State v. Lunsford

Clyde Lunsford was charged by information, filed with the prosecuting attorney of Pacific county, with the crime of second degree assault, alleged to have been committed upon one Elmer Peder-sen. Defendant having pleaded not guilty, after a trial the jury disagreed and were discharged; upon a second trial, held a few months later, the jury returned a verdict of guilty, and from judgment and sentence upon this verdict, defendant appeals.

Appellant contends that the evidence does not support the verdict, and that, for this reason, his motion for a new trial should have been granted. While the…