Alsup v. State

OPINION

By the Court,

Zenoff, C. J. :

Marion Thomas Alsup was convicted by a jury of assault with a deadly weapon. He had originally been charged with attempted murder, mayhem and assault with intent to kill. The conviction arose from a fight with Jack Noble outside a small bar at Battle Mountain. The testimony of several witnesses clearly established that Alsup had verbally and foully abused Noble over an extended period of time in the morning of March 16, 1969 and taunted him to fight. Noble made no response until the bartender asked Alsup to leave. When Alsup stuck his head through the…