State v. Robertson

The opinion of the court was delivered by

Nicholls, C. J.

Defendant, indicted for having, with a dangerous* weapon, to-wit, a pistol, commonly called a revolver, wilfully, feloniously and of malice aforethought, shot one Charles Duval, with intent to kill and murder, requested on the trial of the cause that the court instruct the jury that it could, under the indictment, find the defendant “ guilty of assault and battery,” or “ guilty of an assault.” The court refused to so instruct the jury and, defendant excepted and reserved a bill of exceptions. The jury found the-accused “ guilty of…