Coney v. State

Roberts, Chief Justice.

The defendant was charged and convicted of an aggravated assault and battery.

The matters alleged to raise the offense to an aggravated instead of a simple assault and battery were that the defendant “with premeditated design, with a certain deadly weapon, to wit, a glass beer tumbler, a means calculated to inflict a great bodily injury,” did assault, strike, &c.

There was very slight evidence, if any, of premeditation, but much more that there was inflicted a serious bodily injury on the person assaulted.

*415The court charged the jury that they might find the defendant…