Morgan v. State

— The appellant was convicted upon an affidavit, charging him with assault and battery with intent to kill. To this affidavit he entered a plea of “not guilty” and also filed a special plea in writing setting up the defense of insanity.

A trial by jury resulted in a verdict of “guilty.” Judgment was rendered on such verdict and the appellant appeals and assigns as error that the court erred in overruling his motion for a new trial. The only errors alleged and not waived arise upon the giving and refusing of certain instructions.

The appellant claims that the court erred in giving of its own…