State v. Boyles

Citations

• 24 N.M. 464
• 174 P. 423

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tlie word “draw,” as used in section 1703, Code 1915, which makes the drawing of a deadly weapon upon another a 'crime, except when done for certain purposes, means “intentionally point.” P. 466</p> <p>2. “Flourish” defined. P. 467</p> <p>3. Where an indictment charges the accused with having drawn a deadly weapon upon another, an instruction is erroneous which charges that if the jury believes from the evidence beyond a reasonable doubt that the defendant “drew or flourished” a deadly weapon upon another, and that the “drawing and flourishing” was not done for stated purposes, they should convict the accused. P. 466</p>