People v. Mize

The court instructed the jury, among other things, as follows: “ Gentlemen of the. jury, these defendants are charged before you by this information with making an assault upon Henry Coffey, with intent to murder the said Coffey. They cannot be convicted of an assault to commit murder unless the evidence shows, beyond a reasonable doubt, that had the prosecuting witness, Henry Coffey, been killed, defendants-would have been guilty of murder. If the testimony shows that had Henry Coffey been killed, one of the defendants would have been guilty of murder, then that one should be convicted. If…