State v. Mills

Grubb, J.,

charging the jury:

Gentlemen of the jury:—This indictment charges Harry B. Mills with an assault with intent to murder John J. Fox, the prosecuting witness, who is shown by the evidence without contradiction to have been at the time of the alleged offense a police officer in the City of Wilmington.

Under this indictment you may find the accused guilty either of assault with intent to murder, or of simple assault merely, or not guilty of either, according as the law and evidence may warrant your verdict.

In order to warrant you in finding the prisoner guilty in manner and form as…