Hawks v. State

The defendant was charged with and convicted of the offense of assault with intent to murder. He complains that the court erred in failing to charge the jury, without a request, on the lesser offense embraced in the charge in the indictment, of shooting at another. The evidence for the State amply supports a conviction, by tending to show that the defendant wilfully and intentionally shot the prosecutor without provocation and while he was unarmed and trying to avoid the defendant. The defendant’s statement, supported in part by a witness who was fifty or seventy-five yards away from the…