Edwards v. State

The plaintiff in error was indicted for the offense of assault with intent to murder, and was convicted of the offense of assault. His motion for a new trial being overruled, he brings his case here. The evidence, in brief, shows that the defendant. *168.either shot at the prosecutor with a pistol, or that he shot in the /direction of the prosecutor, with no intent to hit him. In other words, the sole issue in the case was whether the accused, in shooting, was actuated by criminal intent or harmless mischief. This was a question of fact, for the determination of the jury; • and as there is to be…