Faulkner v. State

Appellant was convicted under an indictment which charged him with assault and battery with intent to kill and murder J. C. Carpenter; and he appeals, assigning as one of his grounds therefor that the proof, admitting all that the state’s evidence substantially shows, is that appellant did not make the assault and battery with the specified intent to kill and murder J. C. Carpenter, but that the intent was either to shoot a third person, or that he shot to frighten away the third person mentioned who, as he claims, was about to make an assault on him, or that in doing so he negligently or…