People v. Osinski

Defendant was indicted for assault in the first degree, to wit, defendant, with the intent to kill, assaulted one Case with a loaded pistol. The jury returned a verdict of guilty of assault in the second degree with a recommendation of leniency.

Defendant Osinski and a companion. Hood, had been drinking in a saloon, and had become drunk. There is some dispute as to the extent to which they Were inebriated, but it is clear that Hood was in the worse condition. Casé, a deputy sheriff, placed the two men under arrest while they were in the saloon, and proceeded to take them in his coupe to the…