State v. Mize

The opinion of the court was delivered by

Johnston, J.:

At the August term, 1886, of the district court of Cloud county, the appellant was tried on a charge of assault and battery, and was convicted of assault. He appeals, and his principal complaint is of the charge of the court. In instructing the jury, the court said:

“ Both of the offenses of assault and battery, and of assault, are included in the charge in this case, and if. you find the defendant guilty, he may be convicted of either of said offenses, as the evidence may warrant; but if you find the defendant guilty, but entertain a…