79 Wash. 225 | Wash. | 1914
The defendant was, by information filed in the superior court for Yakima county, charged with the crime of assault in the first degree, as being committed upon one Duren with a deadly weapon, to wit, a club, and with intent to kill Duren. A trial before the court and a jury resulted in verdict finding the defendant guilty of assault in the second degree, upon which he was sentenced to the penitentiary. He has appealed to this court.
Contention is made that the evidence was insufficient to sustain the conviction. We think the only answer necessary to this contention is that the testimony was conflicting and of such nature as to make the question of the defendant’s guilt clearly one for the jury. We think it was ample to sustain the conviction.
The principal contention of counsel for appellant is that the trial court erred in its instruction to the jury, which, in effect, limited the jury’s finding to one of three verdicts : “not guilty,” “guilty of assault in the first degree,” and “guilty of assault in the second degree,” it being insisted that
The judgment is affirmed. .
Crow, C. J., Mount, and Morris, JJ., concur.
Fullerton, J., concurs in the result.