Dempsey v. State

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted of the offense of aggravated assault with the use of a pistol by shooting his alleged common-law wife. Defendant was sentenced to serve a term of 10 years. His motion for new tried was filed, heard and denied. Defendant appeals. Held:

1. The motion to dismiss the appeal is denied.

2. Defendant’s first three enumerations of error involve the failure of the trial court to instruct the jury with reference to three written requests to charge. The state contends that no exception was made when the defendant was given a suitable…