Heinmann

Defendant was charged, tried and convicted of assault with a deadly weapon. The basic facts are as follows: Defendant with one William Murphy attended a teen-age party. At the party Murphy engaged in a slight altercation with another boy, after which Murphy and defendant left the party and went to defendant’s home where defendant gave Murphy a bicycle chain and retained a switchblade knife for himself. They then returned to the party. Another boy named Glenn Booth, aged 15, noted Murphy was somewhat intoxicated and asked him to step outside to talk. Arriving outside Murphy turned to face Booth and without warning swung the bicycle chain at Booth. Booth jerked the bicycle chain from Murphy’s hand and threw it to the ground. At about this time, while still facing Murphy, Booth felt someone’s left arm go around his neck and a knife poke him in the back. He broke loose from the affray, turned around and saw the defendant helping Murphy up. The knife wound in Booth’s back proved to be two inches deep. A few seconds before the affray took place, during the time Booth and Murphy were going out, another witness, Diana Sieek, saw defendant with a knife in his hand follow Booth and Murphy.…