Hogan v. State

Warner, Chief Justice.

The defendant was indicted for the offense of an assault with intent to murder, and upon his trial therefor, was found guilty. A motion was made for a new trial on the several grounds therein stated, which was overruled by the court, and the defendant excepted.

The evidence is that the defendant cut Freeman on thé right side of his neck, and left breast, -with a pocket knife; that defendant was mad with him. The court charged the jury, amongst other things, “ that the stabbing being admitted, the law presumes malice, and the presumption becomes conclusive unless it is…