State v. Friend

Littlejohn, Justice:

■ The defendants, Willie Lee Friend and James Calvin Scott, were convicted of assault and battery with intent to kill and *553sentenced to terms of 15 years imprisonment. They have appealed. The only issue submitted to the court is whether the trial judge adequately charged the law of implied malice from the use of a deadly weapon.

The evidence reveals and the jury obviously concluded that each of the two defendants fired a pistol into the body of the victim with intent to kill him.

Traditionally in this state the trial judges have charged the law of assault and battery with…