Gale v. People

•Cooley, J.

The plaintiff in. error stands convicted of an assault with intent to kill and murder one McDonald. The attempt js charged ¡to have been made with a revolver loaded ...witty powder and hall. The evidence showed the revolver to have been discharged, but McDonald was not injured, and there was no direct evidence that the revolver was loaded with ball. The circuit judge was requested to instruct the jury that, “ The jury must find from the evidence all the material allegations in the information, such as the intent to kill, and the means used sufficient to accomplish it, and that the…