State v. Jones
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Harrison, rendered on the 20th day of May, 1882, upon an indictment for feloniously and maliciously shooting with intent to kill, in which case the State of West Virginia was plaintiff and Frank Jones was defendant, allowed upon the petition of said J ones. Hon. A. Brooks Fleming, judge of the second judicial circuit rendered tlie judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Harrison, rendered on the 20th day of May, 1882, upon an indictment for feloniously and maliciously shooting with intent to kill, in which case the State of West Virginia was plaintiff and Frank Jones was defendant, allowed upon the petition of said J ones. Hon. A. Brooks Fleming, judge of the second judicial circuit rendered tlie judgment complained of. The facts of tlie case are fully stated in the opinion of the Court. 1 Green. Ev. §§ 100, 101; 7 Bush. 124; 8 Mich. 150; 25 Gratt. 887; 5 Yerg. 459; 2 Head 217; 2 Duvall 828; 8…
1Opinion of the Court
JOHNSON, PRESIDENT,
announced the opinion of the Court:
This is a writ of error to a judgment of the circuit court ot Harrison county, rendered on the verdict of a jury, which found the prisoner guilty as charged in the indictment, oi shooting John W. Patton, with intent to kill him. The bill of exceptions signed by the court, shows, that the prisoner by his counsel asked the following instruction which was shown, by tlie evidence to have boon relevent: “If the jury believe from the evidence, that the accused had committed an assault in an assemblage', immediately or recently before the affray,…
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