State v. Kittle

*242The opinion of the court was delivered by

Mason, J. :

Jacob Zubick was wounded by a bullet from a revolver fired by Milton Kittle in the course of a controversy between them. Kittle was arrested, tried and convicted upon a charge of assault with intent to kill. The evidence of the state tended to show that the defendant was the aggressor in the encounter and to sustain the entire charge against him. His own testimony was to the effect that he was assailed by Zubick and others, that he acted wholly on the defensive, and that he fired only for the purpose of frightening his assailants, in order…