State v. Barnett

Julius J. Olson, Justice.

Defendant was convicted of assault in the first degree. Thereafter the county attorney filed information against him of prior conviction. Trial thereon was duly had and a verdict of guilty rendered. Judgment of conviction pursuant to the verdicts was thereupon entered by the court and defendant sentenced to an indeterminate term at the state prison at Stillwater. He moved, unsuccessfully, for new trial in each case. The cases come to us for review upon appropriate appeal.

The evidence in the assault case would have justified a jury in finding these facts: On and prior…