
    United States v. Hugh Kierman.
    Cocking and raising a gnn and threatening to shoot a person is an assault in law, although there should he no attempt to shoot or injure the person.
    Indictment for an assault, by cocking a gun and threatening to shoot Henry Jackson.
    
      Mr. Goxe, for the defendant,
    prayed the Court to instruct the jury that it was not an assault in law, unless there was an attempt to shoot or injure the witness.
   The Court (nem. cm.) said that if, under all the circumstances, the act indicated an intention to shoot or injure the witness, it was an assault, although the attempt was not actually made.  