Nichols v. State

Griffith, J.,

delivered tbe opinion of tbe Court.

Appellant was indicted for assault and battery with intent to kill and murder, and was convicted of assault and battery.

Tbe scene of tbe difficulty and what preceded it are not in dispute. Three negroes were shooting dice in a vacant bouse belonging to Fanning, tbe prosecuting witness.

The latter, with bis tenant, both white men, were approaching the bouse when tbe negroes, seeing them, ran to tbe cover of the woods nearby. When Fanning, tbe prosecuring witness, got on tbe porch be called to tbe negroes to come to him. Two of them, including tbe…