State v. Milo

The defendant was jointly indicted with one J ames Kelly and a third person whose name was to the grand jury unknown and who is designated as “John Doe.” The indictment accused these defendants of being armed with a loaded revolver, and of assaulting A. W. Blackburn with that revolver by pointing it at him, he, the said Blackburn, being then and there within shooting distance. Kelly was convicted upon his plea of guilty in open court. Milo, the appealing defendant, was convicted on trial by jury. John Doe was never arrested. The assault took place about 9:00 o’clock p. m., September 16, 1927,…