State v. Hart

Citations

• 118 Wash. 114
• 203 P. 4
• 1921 Wash. LEXIS 933

Syllabus

<p>Homicide (10) — Assault With Intent to Kill — Evidence— Sufficiency. A conviction of the crime of assault in the first degree is sustained by evidence that defendant borrowed a shot gun after endeavoring in five different places to secure one; that he sought out the prosecuting witness, and, finding him at home on his front porch, fired at him from a distance of seventy-two to ninety-seven feet, with a load of bird shot which lodged in the arm and hip of his victim.</p> <p>Criminal Law (155) — Opinion Evidence — Testimony of Medical Expert — Admissibility. In a prosecution for assault with homicidal intent, the expert opinion of a physician that, if the shot had struck the body instead of the arm, they could have penetrated the body and entered a vital organ, was admissible in evidence.</p>