Sullivan v. State

The evidence for the state tends to prove that Henry Moore, the assaulted party, and being a man about 82 years of age, was walking along the public road, when he was fired upon from ambush by the defendant, who used a double-barrel choke-bore shotgun loaded with No. 6 shot; that the defendant fired both barrels of the gun at Moore, from a distance of sixteen yards, striking him in the body, face, and neck, blinding one eye, and striking out a tooth. The defendant, a man of about 50 years of age, admits the shooting, but claims that he fired from a distance of seventy-five yards, and did it…