State v. Hilton

Ness, Chief Justice:

Appellant was convicted of assault and battery with intent to kill. We affirm.

Appellant and the victim were standing on a sidewalk near a railroad track as a train passed by. There is evidence they may have been arguing. Witnesses testified appellant pushed the victim into the moving train. Appellant, however, testified the victim turned and ran toward the train, and appellant reached out to stop him. The victim suffered severe permanent brain damage as a result of the impact, and was unable to make a statement concerning the incident.

Appellant was convicted of assault and…