State v. Johnson

The opinion of the Court was delivered by

Mr. Chiee Justice Stabler.

The defendant was tried under an indictment charging him with assault and battery with intent to kill and murder one Vardelle Hucks. He was convicted of assault and battery of a high and aggravated nature and sentenced to imprisonment for eight months or to pay a fine of $300-.00.

At the close of his instructions to the jury, Judge Rice was requested by counsel for the defendant to “charge simple assault and battery.” Ele refused, however, to do so; and whether he was right or wrong in this, is the main question presented for…