Williams v. State

Jordan, Presiding Judge.

The defendant was convicted and sentenced for assault with intent to murder under the provisions of former Code § 26-1403. The conviction and sentence is based on a stabbing incident which occurred on January 21, 1968, and the fact that the defendant stabbed the victim is not only undisputed, but the defendant admitted the fact in his unsworn statement to the jury. He appeals following the overruling of his motion for new trial.

1. The trial judge in effect limited his instructions on the lesser misdemeanor offense of stabbing to a definition of circumstances where, if…