State v. Barnett

The opinion, of the court was delivered by

Smith, J.:

In this action the defendant was convicted of assault with intent to kill. He appeals.-.

For some years prior to the night of the alleged assault defendant and complaining witness had lived in the city of Mission, Kan. Wells, the complaining witness, practiced law and had his office in Mission, and defendant was an auditor for a plow company and lived in that city. Some time before the evening in question Wells had subpoenaed the defendant to be a witness in a case in which he was an attorney. He did not use defendant as a witness. The…