Kirkland v. State

The defendant was convicted of assault with intent to murder. His motion for new trial was overruled and he excepted.

1. The evidence, although conflicting, was sufficient to sustain the verdict.

2. Special ground 1 assigns error because the court failed to charge the jury as follows, without request to do so: "Should you find that had the prosecutor, Vanatti, died from the assault that it would have been voluntary manslaughter upon the part of the defendant, then and in that event the defendant would not be guilty of assault with intent to murder, but he would be guilty of stabbing, should you…