State v. Dowdell

Statement op the Case.

The opinion of the court was delivered by

Nioholls, O. J.

The indictment returned against the defendant in this case charged that he “did willfully, wantonly, feloniously and of his malice aforethought shoot at and into a certain dwelling house, to-wit: the dwelling house of Turner Lawson, where him, the said Turner Lawson, and his family, were at the time residing.”

He was found guilty as charged and sentenced to ten years imprisonment in the penitentiary. He has appealed.

On the trial of the cause defendant’s counsel requested the court to charge the jury, first, that if…