Hopkins v. State

While the prosecutor was engaged in an altercation with another person, he was fired on by two bystanders. The evidence strongly indicated that the shots which took effect were fired by the defendant, and there was sufficient evidence to have sustained a verdict for assault with intent to murder, for which the defendant was indicted. There was evidence, however, that another bystander also fired, and it is not absolutely certain which pistol contained the bullets which took effect. It appears, from a note of the judge, that at the request of counsel for the defendant he charged on the law of…