State v. Mitchell

At about 3 a.m., on March 16, 1963, in the Birdland dance club in Seattle, Washington, Marilyn Van Ausdell was wounded in the abdomen with a small caliber pistol. Her former boy friend, defendant Vernon Mitchell, was accused of the shooting. He was charged, tried, and convicted of the crime of assault in the first degree. He appeals.

The sole issue raised upon the appeal is the sufficiency of the evidence to sustain the conviction. In this respect, defendant contends the proof fails to establish the essential element of an intent to kill, because (a) there is no evidence, apart from the act of…