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D entered the house of the prosecutrix and called for liquor, and was refused. He insisted, and it was given to him when he called on the prosecutrix to drink, and upon her declining to do so, throwed the tumbler on the floor, threatened to kill her, and seized a hatchet and started towards her, having it raised in a threatening attitude. The prosecutrix, when the defendant had approached within seven or eight feet of her, fled through the door into an adjoining room, and locked the door after her. D then went up to the door and struck it with his hatchet. The prosecutrix, after waiting a few minutes, passed through another door and went to a butcher shop a few rods distant. D, after waiting a short time, followed the prosecutrix to the butcher shop and again threatened her life. D was indicted for assault with intent to murder. D asked for an instruction in that there was an absence of ability to carry the same into effect. It was refused. D was convicted and appealed.

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