State v. Moore

Lewis, Justice.

The defendant was convicted on a charge of assault and battery of a high and aggravated nature upon one Broughton, and has appealed. The indictment charged that the offense was committed with “a car and some other hard object.” The exceptions allege error in the rulings of the trial judge in several particulars, but the only one which need be considered is that which charges error in the refusal of the trial judge to submit to the jury the issue of defendant’s possible guilt of simple assault and battery.

Apparently, according to the testimony of Broughton, the difficulty which…