Morris v. State

CHILTON, C. J. —

Thomas Morris, the prisoner, was indicted for an assault with intent to murder Matthias Brown; *58pleaded not guilty, was tried, convicted, and sentenced to five years’ imprisonment in the penitentiary.

It appears by the bill of exceptions, that two charges were ashed in writing, one of which asserted, that if the defendant inflicted the wound and was not actuated by malice, but did it in the heat of passion, then, as it would not have been murder had Brown died, the prisoner could not have been guilty of an assault with intent to murder. The court gave this charge, with the…