Daniels v. State

Appellant was convicted upon a charge of ássault and battery with intent to kill and murder. The assault was committed by throwing a pair of pliers from a distance of ten feet, striking the prosecuting witness upon the upper lip. According to the record the assault was unprovoked and unjustified, and resulted in a painful, though not serious, injury.

We find no error in the admission of evidence. The state asked only one instruction, the giving of which is assigned as error. It is as follows:

“The court instructs the’ jury for the State that if they believe from the evidence in the case beyond…