Livingston v. State

The indictment charged the crime of assault with intent to murder, and alleged that -the assault was committed through the pointing of a pistol at the prosecutor. At the trial *806the State’s counsel abandoned the felony charge, and asked for a conviction of only the misdemeanor of pointing a pistol at another. The judge gave no instructions on the subject of assault with intent to-murder, and confined the investigation of the jury to the minor offense. The defendant wás found guilty of the misdemeanor. Motion in arrest of judgment was overruled, and this ruling was affirmed. See Livingston v.…