Ripley v. State

1. While the trial judge should always charge the jury that they have the power to recommend that the felony be punished as a misdemeanor, in eases where § 1036 of the Penal Code is applicable, the failure so to charge will not be reversible error, where the jury does in fact make such recommendation, by recommending the defendant to the mercy of the court.

2. Section 75 of the Penal Code- is not applicable to cases of homicide or assault with intent to murder, where the defense relied upon is self-defense.

3. To constitute the offense of assault with intent to murder, there must be a specific…