Ware v. State

Ware was convicted of assault and battery with intent to kill Robert Patrick.

On this appeal he contends the testimony is insufficient to support conviction of any crime and that his request for a peremptory instruction was wrongfully refused. The proof of the State established a deliberate, malicious assault by shooting Patrick with a shotgun, loaded with number sis shot, with the intent to kill him, *175at a time when Ware was in no real or apparent danger of bodily harm at the hands of Patrick. There is no merit whatever in this contention.

Complaint is made of certain remarks made by the county…