State v. Hilton

Cureton, Judge:

A jury convicted appellant Louis Hilton of assault and battery, with intent to kill. Hilton claims that there was evidence showing that he had no intent to kill his victim and therefore the trial judge should have charged the jury on the lesser included offense of assault and battery of a high and aggravated nature. We agree and reverse.

Hilton and his victim, Joseph McKelvie, were standing on a sidewalk by a railroad crossing when the incident occurred. The evidence indicates that they may have been arguing, but there was no evidence of a physical fight. McKelvie was drunk at…