State v. Swails

Indictment for shooting at one Lee with intent to commit murder. Trial by jury, and verdict of acquittal.

The only question raised is upon an instruction given to the jury. The instruction is in these words:

“ If you believe, from the evidence, that at the time the defendant fired the gun at said Lee, it was not charged with any thing but powder and a light cotton wad, — Swails being at the distance of forty feet from Lee at the time, — and that at that distance the life of Lee was not at all endangered or put in jeopardy by the act of Swails in discharging the gun at him, in consequence of the…