Coney v. State

The evidence in this case was amply sufficient to warrant a finding that the accused, upon being surprised and detected by the prosecutor in the act of committing a burglary, shot at the latter with intent to kill him. Had death ensued, it would plainly have been a case of murder; and therefore, the statutory offense of shooting at another was not involved in the case. There was no direct and affirmative evidence that the gun was loaded with balls or shot; but the circumstances proved authorized a conclusion by the jury that such was the fact. Indeed, it would be quite unreasonable to suppose…