State v. Smith

McAllister, c. j.

The defendant, Booker T. Smith, was indicted of the crime of assault with intent to kill, was convicted by a jury of the lesser included crime of assault with a dangerous weapon, was sentenced to a five-year term in the penitentiary, and appeals.

Defendant assigns as error the denial of his motion for a directed verdict, the refusal of the court to give two requested instructions, and the denial of his motion to vacate the judgment.

Although the background is sordid, the case is simple. Defendant testified that during the evening of December 31, 1962 he shot one Willie Jackson…