Rafuse v. State

WIGGINTON, Chief Judge.

Appellants were charged with the offense of assault with intent to commit murder. They were convicted by a jury of assault with intent to commit manslaughter and were sentenced to a-term of imprisonment in the state prison. By their appeal, appellants assert that the trial court erred in refusing to instruct the jury on the law relating to assault and battery, as a result of *261which they were deprived of a fair trial and for which their judgment of conviction should he reversed.

The evidence establishes without dispute that the victim of the assault was shot twice with a…