STRUCKMEYER, Vice Chief Justice.
Appellant Robert C. Lovell, Jr., was convicted of assault with a deadly weapon, and appeals.
On the evening of April 9, 1961, appellant took his former wife, Frances Shingler, to dinner. After dinner, they went to a bar where they met the complaining witness, John F. Shaughnessy, Jr. The three remained there at the bar until it closed at 1:00 a.m. when appellant invited Shaughnessy, Frances Shingler and another couple to join...
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