State v. Williams

WATSON, Justice.

This appellant is under conviction for an assault with a deadly weapon.

The record discloses a fight at a country dance, in which severe cuts were inflicted upon the complaining witness, undoubtedly with a knife, though no one of the many spectators seems to have seen the weapon. Which of the combatants was the aggressor is a matter which, as well as some other incidents, is in direct dispute. Several of the witnesses were quite partisan.

The first question concerns the tender and refusal of this instruction: “ * * * If you believe from the evidence that the defendant assaulted…