Indiana Supreme Court October 12, 1921, No. 23,917 (Thompson v. State)

Townsend, C. J.

Appellant was indicted for assault with intent to kill by shooting. (§2240 Burns 1914, Acts 1905 p. 584, §352.) He was tried by court without a jury and convicted.

The sole question presented by this appeal is whether the evidence is sufficient to establish the “present ability” of appellant to commit the assault within the meaning of §2241 Burns 1914, Acts 1905 p.