South Dakota Supreme Court December 29, 1978, 12422 (State v. Westphal)

PORTER, Justice.

CASE SUMMARY

Defendant was convicted of assault with a dangerous weapon, a .22 caliber revolver, without intent to kill, in violation of SDCL 22-18-11.

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We hold that the evidence was

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sufficient to prove that the gun allegedly used in the assault was a dangerous weapon. We therefore affirm the judgment of the trial court.

FACTS

On May 23,1977, at about 8:30 p. m.