FARRIS, J.
Defendant Robert L. Nuckols appeals from a conviction for assault in the second degree.
On December 13, 1967, the defendant, armed with a 9 millimeter pistol, with two companions, went to the apartment of one Delores Cantu. They believed that Miss Cantu would be able to tell them the whereabouts of one Dave Nelson who was suspected of having ransacked Nuckols' apartment the night before.
Robert Nuckols discovered Miss Cantu in bed, confronted...
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