Wagoner v. State

The defendant was indicted for assault with intent to murder. The jury returned a verdict of shooting at another. Code of 1933, § 26-1702. The defendant applied for a new trial, because: (1) The evidence did not support the verdict. (2) The court erred in charging the jury as follows: “It is the duty of the jury to take any evidence of general good character along with all the other facts and circumstances in the case; and if in doing so the jury should entertain a reasonable doubt as to the guilt of the defendant, they should acquit. Nevertheless, if the jury should believe the defendant…