South Dakota Supreme Court October 18, 1923, File No. 5334 (State v. Shevlin)

GATES, J.

Under the charge of assault with intent to kill, defendant was convicted of the crime of assault. Rev. 'Code 1919, § 4077. He appeals from the -judgment and order denying new trial.

[1] The first alleged error is predicated upon the substitution *612of another attorney for the states attorney for the purposes of the trial.