State v. McFadden

— The appellant was informed against for the crime of assault with a deadly weapon with intent to inflict upon the person of another a bodily injury. On the trial the jury found him guilty of a simple assault, and from the judgment entered against him thereon he appeals.

The first contention made by the appellant is thScifc the evidence is insufficient to sustain the verdict; the precise contention being that the facts shown do not constitute an assault. Erom the record it appears that, on the day named in the information, the prosecuting witness and the appellant met on the streets in the…