CARLISLE, J.
Where, on the trial of one charged with and convicted of assault with intent to murder, it appeared from the evidence that the defendant and the prosecutor, who are brothers-in-law, were alone together at the prosecutor's home on the day of the alleged offense, that they spent the afternoon of that day consuming a fifth of a gallon of whisky between them, that after drinking the whisky, the defendant, knowing that the prosecutor had several dollars in...
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