State v. Rothwell
New York Court of General Session of the Peace
Clarence Rothwell was indicted (No. 60, September Term, 1914) for assault with intent to commit' murder. The jury returned a verdict of guilty, and motion for new trial was refused.
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Clarence Rothwell was indicted (No. 60, September Term, 1914) for assault with intent to commit' murder. The jury returned a verdict of guilty, and motion for new trial was refused. At the trial it was shown that on a Sunday afternoon, the sixth of September, 1914, at a colored campmeeting held at Green Spring, in New Castle County, one John Starky, a colored man who had been to the campmeeting was going down a wood road or lane when the accused, Rothwell, who was standing on the side of the road, said to Starky, “Old man, are you looking for trouble?” that Starky said, “No,,I am not looking…
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—It is charged in this indictment that Clarence Rothwell, on the sixth of September of the present year, at a campmeeting in this county, committed an assault on one John Starky with the intent him the said Starky to kill and murder.
[1] This charge, you observe, embraces not only an assault, but also an intent to murder.
In order to convict the accused as indicted you must be satisfied from the testimony beyond a reasonable doubt, (1) that the alleged assault was committed by the accused; (2) that it was committed by him with the intent…
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