D under the influence of liquor, and in the presence of others at the post office in the town of Booneville, threatened to kill Albert Jeans because, Jeans, a negro, had been annoying his wife and that the authorities would not take charge of the matter. Jeans had had some association with D and other white people in that community for a number of years. On that day, Jeans was employed on the hop ranch of Ginochio, who was the constable of Booneville. About 4 o'clock that afternoon, while Constable Ginochio, Jeans and others were planting hops, D entered the hop field of Ginochio carrying a .22 caliber rifle. Ginochio was about 250 or 300 yards away and Jeans about 30 yards beyond him. D walked in a direct line toward Ginochio. When D had gone about 100 yards, he stopped and appeared to be loading his rifle. At no time did he lift his rifle as though to take aim. Jeans fled on a line at about right angles to D's line of approach, but whether before or after the stooping motion made by D is not clear. D continued toward Ginochio who took the gun into his own possession. D offered no resistance. The gun was found to be loaded with a .22 caliber long, or high-speed, cartridge. D was convicted and appealed.

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