Barker

— We think the first instruction given by the court below is not obnoxious to the criticism to which *878 it is subjected in appellant’s brief. The district court properly asserted judicial knowledge of the fact that a “fence pole” is a “heavy club”; and when the court said, “the defendant admits that he struck the plaintiff substantially as charged, ’ ’ it was a statement of an admission that he struck with a heavy club, and not of the alleged malice accompanying the blow.

Nor do we think the other points made by the appellant are well taken.

Judgment affirmed.