Jackson v. State

' The defendant was indicted, jointly with his brother, Louis Jackson, on a charge of assault to murder one Walter Smith. On the trial Louis Jackson was acquitted and this defendant was convicted of an assault and battery. That being the-case, we need hot pass upon those portions of the court’s general charge, to which exception was reserved, defining murder and assault- to com-' mit murder. The defendant having been acquitted of the charge of murder, these rulings, if erroneous, which we do not hold, were without injury .to defendant.

The prosecution grew out of a difficulty between defendant…