Higginbotham v. State

The defendant was found guilty of an aggravated assault. The grounds of error relied on, are:—1st. The court erred in the charge to the jury. 2d. The jury found the defendant guilty, contrary to the evidence. The portion of the charge objected to, is in relation to the attempt to shoot.

The code provides, that “ any attempt to commit a battery, *575or any threatening gesture, showing in itself, or by words accompanying it, an immediate intention, coupled with an ability, to commit a battery, is an assault. (Art. 475.)

In the application of this definition to the facts of the case, the court…