McCoy v. State

MORROW, Presiding Judge.

— Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for two years.

The indictment charges specifically that Adam McCoy “did then and there unlawfully voluntarily and with malice aforethought in and upon M. C. Nash make an assault with the intent then and there to kill and said M. C. Nash against the peace and dignity of the State.”

*46In paragraph 3 of the charge, the court defined assault and battery. In paragraph 4 the meaning of the words “coupled with an ability to commit a battery” was explained to the jury in appropriate…