Pryor v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Osage county of assault with intent to kill and was sentenced to serve a term of two years in the state penitentiary.

The record discloses that at the time charged, Mitchell and Gaffney, two1 members of the police force of the city of Pawhuska, attempted to arrest defendant on a charge of disturbing the peace. When they arrived at the place, defendant was in an automobile, in an intoxicated condition. He resisted arrest, and a struggle ensued in which defendant pointed a pistol at Gaffney, attempting…