Posey v. State

As we view this case, the only question that it is necessary to determine is whether the judge erred in eliminating from the consideration of the jury the question of their discretion “to find a verdict in said ucase for the offense of assault and battery.” The evidence shows that three men were traveling *98in a buggy, and, on a certain morning between daylight and sunrise, stopped at,the home of an old negro man named William Moore, the prosecutor in this case, who lived alone and was alone at the time of the assault. Moore testified in part- as follows: “I saw Homer Posey on the 16th day of…