Pennington v. State

Eberhakdt, Judge.

1. The jury was authorized, under the evidence, to return a verdict of guilty of shooting at another under an indictment charging that the defendant did, on a certain date, “unlawfully, with malice aforethought, assault, shoot at and towards John Nance with a pistol, the same being a weapon likely to produce death, with intent then and there to kill and murder said person so assaulted.” Enumeration 15 is without merit.

2. Where the defendant’s explanation of his action in shooting at two people who came to an apartment occupied by two women was that while in Florida a day or…