Eiland v. State

KANNER, Chief Judge.

Appellant was charged with and found guilty of assault with intent to commit murder in the first degree and was sentenced to twenty years in the state prison. He instituted this appeal primarily on the proposition that the evidence under which he was convicted by the jury was not sufficient to sustain the charge, but that the offense could have been, at most, no greater than that of assault with intent to commit manslaughter.

The narrative of this case as it emerges through the record begins at approximately 10:00 o’clock on the night of Halloween, ■October 31, 1957, with a…