State v. Roby

The defendant, Ashton Roby, was convicted in the probate court of Canyon county upon a complaint filed by one Kennison, under C. S., sec. 8407, charging that he “ . . . . did .... wilfully, knowingly, unlawfully and intentionally, in the presence of two or more persons, exhibit a deadly and dangerous weapon, to-wit: an automatic pistol, in a rude, angry and threatening manner.” Upon appeal to the district court, the jury returned a verdict finding him guilty as charged. The court, apparently through inadvertence, adjudged him guilty of assault with a deadly weapon, but sentenced him in…