Malone v. State

Speer, Justice. •

William Malone, plaintiff in error, was charged with the offense of assault with intent to murder one Anthony Randall, on the twenty-first day of September, 1880, in the county of Fulton. On being arraigned and placed upon trial, he was, under the evidence and charge of the court, found guilty. He made a motion for a new trial,(1) . Because the verdict is contrary to law.(2) . Because the verdict is contrary to evidence and without evidence to support it.(3) . Because the court erred in charging the jury, as follows : “ But if the proof should satisfy you that the…