State v. Smith

Kenna, Judge:

Wilbur Stull, Kessler Smith and Paul Redman were indicted, convicted and sentenced in the Circuit Court of Nicholas County under an indictment for unlawful wounding as defined in Code, 61-2-9, the verdict being for assault and battery, a lesser and integral part of the offense charged, permissible under Code, 62-3-14. On this writ of error the specific assignments go to the sufficiency of the State’s testimony, to the giving of instructions tendered on behalf of the State, to the refusing of instructions tendered on behalf of the accused and to the exclusion of testimony of…