Markham v. State

Appellant was indicted for an assault and battery with intent to kill and murder. The element of intent being absent, the trial court properly limited the jury to a consideration of appellant’s guilt of simple assault and battery, and, while the proof for the state was very weak, we are of the opinion that there was sufficient evidence to carry the case to the jury on that issue.

However, the trial court refused appellant’s request for an instruction which said: “The court charges the jury for the defendant that under the law each and every juror must agree upon a verdict as the verdict of the…