State v. Danley

The opinion of the court was delivered by

Marshall, J.:

The defendant was prosecuted for unlawfully, feloniously, on purpose, and of his malice aforethought, assaulting J. A. Urban with a pistol by shooting at J. A. Urban with the intent to kill him. He was convicted of endangering the life of J. A. Urban under circumstances which would have constituted murder or manslaughter if death had ensued, as defined by section 21-435 of the Revised Statutes. The defendant appeals.

I. The defendant complains of the failure of the court to give the following requested instruction:

“You are instructed that…