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From the time of appellant's asking that question on, there is a conflict of evidence as to the succession and order of events. Anthony, the evening of July 22, There is some conflict as to the sequence of acts and happenstances between the two from the time of his return, though it seems reasonably certain that the second encounter opened by appellant asking Weeding why he struck appellant. It also appears that in answer to the question by defendant's counsel: "Did you say anything to him before you struck, at all? It is certain, however, that in course of the controversy appellant inflicted something like a dozen knife wounds on Weeding's face, ear, neck and shoulder. It was error to admit this evidence. The court entered judgment against the defendant and imposed a penalty of from six months to two years in the state penitentiary and commuted the sentence to six months in the county jail and payment of costs. This appeal is from the judgment. Jurko , 42 Idaho , P.

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