State v. Cunningham

Douglas K. Cunningham was charged with the crime of assault in the first degree. The essential facts with relation thereto are as follows:

At approximately eight a. m., November 9, 1955, Cunningham entered a tavern, where he borrowed a 30.06 rifle from a friend. Some time later, while still in the tavern, he showed the rifle to a fellow railroad employee, R. W. Hill, who testified that Cunningham said he intended to kill his estranged wife and “anybody else that interfered with him.” Hill left Cunningham about five p. m., and reported this incident to the police.

At approximately six p. m.,…