Martin v. State

'■ Appellant appeals from" a conviction of assault with intent to murder his father. The record presents a substantial issue of fact for the jury.

We have considered the assignment relating to the State’s only instruction. Its concluding clause “and this is true regardless of every other fact and circumstance in this case” has been condemned many times. Cole v. State, 172 Miss. 19, 159 So. 296, 298; Earl v. State, 168 Miss. 124, 151 So. 172. We are of the opinion, however, that the issues and controlling principles were sufficiently set out in the instructions as a whole and that no reversible…