Wharton v. People

This was a prosecution against the appellant in the County Court of Williamson county, for an assault with intent to inflict a bodily injury upon the person of George L. Powell.

The cause was heard at the August term of said court, A. D. 1879, and the defendant found guilty of a common assault. A motion for a new trial was interposed and refused; exceptions were taken and the case is brought to this court by an appeal.

The second assignment of errors is as follows: “ The court erred in giving improper instructions to the jury at the instance of the prosecution and against the objection of the…