Kincey v. State

CARR, Presiding Judge.

In the circuit court the accused was indicted and convicted of assault with intent to murder. Without dispute in the evidence he shot A. D. Daniels with a pistol. .The bullet entered the left lower jaw, and, according to the testimony of the attending physician, the nature of the wound was such that it was calculated to cause death.

The affray occurred at a place where intoxicating liquors were- sold, and it appears that excessive consumption of intoxicants had its part in bringing about the difficulty. •■•■-'

The justification for-the assault centers around the doctrine…