State v. Mitchell

This respondent was convicted of assault and battery on one Manley Sharpe, under an indictment alleging an assault with a knife with intent to kill and murder. When the state rested the jury was instructed that the evidence would not justify a finding of intent to murder and the case was finally submitted for decision whether assault with intent to kill had been proved. The Bill of Exceptions alleges error in the refusal of the justice presiding in the Trial Court to direct a verdict of “not guilty” and to permit the respondent to testify concerning his knowledge, either before or after the…