Kennedy v. State

The defendant was charged with assault with intent to murder. He was convicted of the offense of assault and battery. The evidence for the State made out a case of unprovoked assault and battery at least. The defendant in his statement at the trial admitted that he beat the prosecutor with a whip or stick. His statement further showed his anumus towards the prosecutor; and the only attempt at justification was that the prosecutor “jerked out his knife;” but nowhere does it appear, either from the statement or the evidence, that any attempt was made by the prosecutor to use it. As was said in…