Lindley v. State

The appellant, Donnie Lindley, was tried and convicted in the Circuit Court of Lowndes County on an indictment charging him with committing an assault and battery with intent to kill and murder one Claude Skelton. He was sentenced to serve a term of three years in the State penitentiary and he appeals.

He urges two grounds for the reversal of the judgment of conviction, namely: (1) That the evidence is insufficient to sustain a conviction of assault and battery with intent to kill and murder since at most the defendant made a conditional threat; and (2) that the following instruction granted…