ADAIR, Chief Justice.
The defendant Clarence Nickerson was charged by information with having committed the crime of assault in the first degree "upon the person of Fred Hochalter with a deadly weapon, to-wit: A loaded revolver, with the intent then and there within him, the said Clarence Nickerson, to kill the said Fred Hochalter." On his plea of not guilty defendant was tried, — convicted of assault in the second degree and sentenced to imprisonment in the...
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