State v. Thyer

The opinion of the court was delivered by

Smith, J.:

In this action the defendant was convicted of a violation of R. S. 21-435; that is, assault with intent to do great bodily harm. He appeals.

On the day of the assault defendant, Alva Thyer, and his brother drove past a farmyard where the man assaulted, one Elmer McGee, and some other men, were standing. There was testimony that defendant “thumbed his nose” at McGee. Defendant and his brother went to the home of -the brother. McGee and his son went to the home of another neighbor. After arriving at the home of the brother defendant took a team…