#### The People of the State of Illinois, Defendant in Error, v. F. J. Waddell, Plaintiff in Error.

Gen. No. 23,011.

(Not to be reported in full.)

Abstract of the Decision.

Assault and battery, § 31 * — when evidence sufficient to sustain conviction for assault with deadly weapon. Evidence held sufficient to sustain a conviction for committing an assault with a deadly weapon, in violation of section 25 of the Criminal Code (J. & A. If 3507).

Error to the Municipal Court of Chicago; the Hon. Samuel H. Tbude, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed July 19, 1917.

Statement of the Case.

Prosecution by the People of the State of Illinois, plaintiff, against P. J. Waddell, defendant, for a violation of section 25 of the Criminal Code (J. & A. if 3507). From a judgment of conviction, defendant brings error.

Beauregard F. Moseley, for plaintiff in error.

Maclay Hoyne, for defendant in error; J. M. Dickinson, Jr., of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Barnes

delivered the opinion of the court.