State v. Westphal

PORTER, Justice.

CASE SUMMARY

Defendant was convicted of assault with a dangerous weapon, a .22 caliber revolver, without intent to kill, in violation of SDCL 22-18-11. 1 We hold that the evidence was sufficient to prove that the gun allegedly used in the assault was a dangerous weapon. We therefore affirm the judgment of the trial court.

FACTS

On May 23,1977, at about 8:30 p. m. Boyd Pope was talking to some friends in a parking lot in Newell when defendant drove up in a black station wagon and began to converse with Pope. Pope was on his motorcycle approximately four to five feet from where…