Britt v. State

This is an appeal from a judgment of conviction of appellant of the crime of assault and battery with intent to kill under Burns’ §10-401a. Under the motion for a new trial the appellant claims error in the giving of instructions numbered 1, 2 and 4 by the, court. Instruction number 1, with the obj ections thereto; reads as follows:

“INSTRUCTION NO. 1

“You are instructed that malice may be inferred from the use of a deadly weapon and that intent may be inferred from the circumstances in evidence and the use of a deadly weapon.

“Stice v. State, 87 N. E. 2d 915 (1950)

“s/ O. H. Roberts, Jr.

Pros.…