Blythe v. State

The plaintiff in" error was tried on a charge of assault with intent to kill by shooting one Walter Swanson with a pistol. The verdict of the jury was, “We, the jury do upon our oaths find the defendant Oscar Blythe guilty as charged in the information.”

On January 19, 1914, judgment was rendered and he was sentenced to serve a term of two years’ imprisonment in the penitentiary. To reverse the judgment an appeal was perfected.

The evidence shows that at the time of the shooting the prosecuting witness, Walter Swanson and the defendant Oscar Blythe lived on adjoining farms in the eastern part…