McNutt v. State

The indictment charged this appellant with the offense of assault with intent to murder one Elbert Brown. The trial resulted in his conviction of an assault and battery, which offense was.included in the major charge. The evidence was in sharp conflict, and, as the trial resulted in a conviction of the accused for a misdemeanor, all questions pertaining to the felony charge only may be pretermitted.

Several exceptions were reserved to the court’s rulings upon the testimony, but upon examination and consideration of the points of decision in this connection we discover no error in any ruling of…