Dodini

The defendant was convicted of the crime of an assault with a deadly weapon and he brings this appeal upon the grounds of misconduct of the district attorney and insufficiency of the evidence to justify the verdict. At the time of the assault the defendant and the complaining witness were neighbors, living about half a mile apart. At the time in question certain cattle, the property of the defendant, strayed into and upon the premises of the complaining witness. The latter, assisted by several other persons, was making an effort to drive the cattle away when the defendant, armed with a rifle, appeared on the scene and commenced vigorously to abuse the members of the party. He was very angry.- When about one hundred yards distant, he raised his gun as though to shoot. At that moment the wife of the complainant screamed and he lowered the gun. He thereupon ran toward the party and when within seven or eight feet from the complainant he pointed the gun at the latter’s stomach. In arriving at a conclusion as to the sufficiency of the evidence to justify the verdict, this court will accord full value, reasonably considered, to the evidence against the defendant. Primarily, it is the…