State v. Baker

The defendant, who has been found guilty' of committing an assault with a dangerous weapon upon Jerry G. Fournier, petitions for a new trial, on the grounds : (1) That the presiding justice erred in refusing to give the following instruction to the jury, viz.: . “ If the jury believe from the testimony that the defendant fired the pistol for the purpose of scaring Mr. Fournier, and for no other purpose, the defendant was not guilty of an assault with a dangerous j weapon, as charged in the indictment, but only guilty of a ‘ simple assault.” (2) That the verdict was against the evidence and…