Murphy v. State

Murphy was tried and convicted on an indictment for an assault and battery, with intent to murder Isaac Parks, and sentenced to pay a fine of one dollar, and be imprisoned in the state prison for the term of two years.

A new trial was prayed and overruled, and that ruling is assigned for error.

Error of the court in certain instructions given to the jury, and the refusal to give, as requested, certain other instructions asked for by the defendant, are among the reasons urged for á now trial.

It was claimed on the part of the defense, that the assault and battery charged in the indictment was…