Perkins v. State

The appellant Perkins was convicted of assault and battery with intent to kill and murder. Two propositions are assigned as grounds for reversal.

The first proposition is that the verdict was against the overwhelming weight of the evidence.

There was testimony as to ill feeling between appellant and one Murry, the person assaulted, as the result of previous quarrels and fights. There was sufficient evidence to warrant the jury in finding that upon the occasion in question appellant shot Murry twice while the latter was unarmed and appellant was in no real or apparent danger at his hands.…