State v. Rodrigues

The defendant was charged with first-degree assault, and convicted of second. From judgment and sentence on the verdict, he appeals, assigning error (1) in that the court refused a requested instruction on third-degree assault, and (2) in the admission of certain testimony.

First. That a fight occurred between the defendant and the complaining witness, one Santos, is undisputed. From the state’s evidence, the jury was warranted in believing that, about 6:15 on the morning of October 27, 1943, as Santos was approaching the rear entrance of the apartment house in which the estranged wife of the…