Duckworth v. State

Under an indictment for assault and battery with intent to kill and murder Nathan Coleman, a fifteen year old boy, the accused, Johnnie Lee Duckworth, who was nineteen years of age at the time of the alleg’ed felonious assault, was found guilty as charged and sentenced to serve a term of three years in the state penitentiary.

On appeal he assigns as error the refusal of the trial court to peremptorily direct a verdict in his favor, the refusal of certain instructions, and the overruling of his motion for a new trial on the alleged ground that the verdict of the jury is contrary to the…