State v. Cochrane

The defendant, among other alleged errors complained of in the trial of this case, claims that the court erred in refusing, upon request, to charge the jury upon the lesser included offense of assault and battery.

Aside from the evidence of the fact that the defendant dealt the decedent a blow on the side of the face or back of the neck, the only substantial additional evidence in the record tending to prove that the blow caused the death is the testimony of the coroner to the effect that the blow could have caused the death, and the testimony of a physician and surgeon to the effect that it…