Cannon v. State

Blandford, Justice.

Cannon was indicted for assault with intent to murder, and was found guilty. He moved for a new trial which was refused, and he excepted.

In the view we take of this case, it is only necessary to notice one ground of the motion for a new trial. The 4th ground is ás follows: “ Because the court erred in charging the jury as follows : ‘ If you find that the assault was committed by the defendant as charged in this indictment; if you find that he and the prosecutor were engaged in a quarrel; if you find that the prosecutor had a hatchet in his hand; if you find from the…