Adler v. State Indiana

Appellant was charged by affidavit with the offense of drawing and threatening to use a dangerous and deadly weapon, to-wit: a butcher knife, and was convicted after a trial by jury. He was fined in the sum of $280.00 and sentenced to the county jail for a period of 60 days. A brief resume of the evidence necessary for our consideration of this appeal discloses that the prosecuting witness and another youth, who were approximately 17 and 19 years of age, occupied a two room apartment together in Columbus, Indiana. That six other boys including appellant came to their apartment on the evening in question to play cards, consisting of 5 and 10 cent poker. That some rowdyism was exhibited by the boys in the course of the evening, with some of the boys helping themselves to food in the ice box without permission and one of the boys getting into a judo bout with another. The appellant according to the evidence procured a butcher knife which he held toward the prosecuting witness's chest, stating: ""You take another step and I'll slash you."" And when the prosecuting witness attempted to leave the apartment, appellant with knife in hand stated: ""You're not going out that door.""