Wingate v. State

The defendant was convicted of assault with intent to murder. He filed a motion for new trial which was overruled and he excepted.

1. The undisputed evidence shows that the defendant shot Eeuben Hunt with a pistol, the bullet passing through the body. Aside from the errors assigned, of omission and commission regarding the court’s charge, which we will deal with hereafter, the evidence sustained the verdict.

2. There are thirty-one special grounds. Grounds 1 to 4= inclusive assign error because the court, without a written request, failed to charge the principle of law applicable to mutual…