Beddingfield v. State

The accused was indicted for the offense of assault with intent to murder, and was convicted of shooting at another, with a recommendation to mercy. A sentence of one year in the penitentiary was imposed. His motion for a new trial was overruled, and he excepted.

Complaint is made in the motion that the court failed, to charge that the accused would not be guilty of assault with intent to murder, unless he was actuated by malice and intended to kill the person shot. Since the accused was not convicted of assault with intent to murder, we need not examine the record to ascertain whether this…