Lundy v. State

1. The accusation was in the language of Code § 26-1701. The court read the accusation to the jury then stated that the defendant had pleaded not guilty to this charge and that this formed the issue to be tried. He thereafter defined the crime in the language of Code § 26-1701 as follows: *217“Any person who shall be guilty of the act of stabbing another, except in his own defense or under other circumstances of justification, with a sword, dirk, knife or other instrument of a like kind shall be punished as for a misdemeanor.” He then charged: “In this case the defendant contends that he did not…