State v. Jones

The opinion of the Court was delivered by

Mr. Justice Cothran.

Indictment and conviction of assault and battery with intent to kill and murder. Sentence, five years’ imprisonment. Defendant appeals.

The facts of the case, as stated by counsel for the de-' fendant, admittedly in the light most favorable to the defendant, were these:

“That he was quietly going to his work of building a. house just across the street from his home, when the prosecutor, who had concealed himself behind a pile of laths used in this building, arose and struck him with a trace chain, by no means a harmless weapon,…