State v. Hanks

The opinion of the court was delivered by

Wertz, J.:

Defendant was charged, tried and convicted of felonious assault with intent to kill or maim Henry Miller, as defined by G. S. 1949, 21-431. Thereafter he perfected an appeal specifying error in particulars which will be discussed later.

Defendant William Lee Hanks and his wife, Phyllis, were divorced in the year 1954. Before her divorce became final, she married Henry Miller, the complaining witness in this action. However, they did not live together. Phyllis lived with her two small children on her grandfather’s farm several miles east of El…