Dixon v. State

The defendant, Willie Dixon, was convicted of the offense of assault with intent to murder. Only the general grounds of the motion for a new trial are urged. It is contended in the brief that the evidence fails to show a specific intent to kill, and that, having alleged in the indictment that the weapon used, — a pistol, —was a weapon likely to produce death, and the evidence failing to substantiate this allegation, no witness having sworn that it was such a weapon and the pistol itself not being introduced in evidence, the verdict is not supported b}’’ the evidence and a new trial is…