State v. Ganaway

SMITH, Judge.

Defendant was convicted by a jury of assault with intent to kill without malice and sentenced to five years imprisonment. He appeals.

No contention is made that the evidence was insufficient to support a conviction. Defendant shot Charles Hardin six times with a pistol. On the stand he admitted the shooting but testified it was done in self-defense. Defendant’s first contention of error is in the failure of the trial court to grant a mistrial after the prosecutor had asked defendant to identify a picture mistakenly believed by the prosecutor to have been taken on the night of…