State v. Lanam

The opinion of the court was delivered by

Smith, J.:

Defendant was charged with the crime of felonious assault in violation of R. S. 21-431. He was convicted of assaulting and endangering the life of another under such circumstances that had death ensued the appellant would have been guilty of murder or manslaughter, in violation of R. S. 21-435. He appeals.

D. W. Smiley was the city marshal of Minneola. He was in a garage about 8 o’clock in the evening. Defendant came into the garage to pay a dollar on account. Mr. Smiley saw that he had been drinking and told him to go home. The defendant…