Washington Supreme Court December 10, 1964, 37329 (State v. Mitchell)

Per Curiam.

At about 3 a.m., on March 16, 1963, in the Birdland dance club in Seattle, Washington, Marilyn Van Ausdell was wounded in the abdomen with a small caliber pistol. Her former boy friend, defendant Vernon Mitchell, was accused of the shooting. He was charged, tried, and convicted of the crime of assault in the first degree. He appeals.