Flowers v. State
Mississippi Supreme Court
Appeal from tbe circuit court of Warren county. Hon. H. C. Mounger, Judge.' Bob Flowers was convicted of an assault and battery with intent to kill and murder and appeals. The facts are fully stated in the opinion of the court. . No brief of counsel in the record.
1Opinion of the CourtSmith, J.
Appellant was indicted and convicted for an assault and battery with intent to kill and murder Ellen Carroll. The proof showed that he shot at Ellen, bnt failed to hit her, and that, consequently, he was guilty of an assault with intent to kill and murder, and not of an assault and battery with intent to kill and murder. The error complained of is that the court, in effect, charged the jury, for the state, that if they believed from the evidence; beyond a reasonable doubt, that appellant was guilty of assault with intent to kill and murder, they should find him guilty as charged in the…
2Cases cited1 opinion
- Montgomery v. StateMississippi Supreme Court · 1904
3Cited by3 opinions
- Ashley v. StateMississippi Supreme Court · 1982
- McCulloch v. StateMississippi Supreme Court · 1943
- Camden Fire Ins. Ass'n v. KouriSupreme Court of Oklahoma · 1935