Mancil v. State

Defendant, appellant hero, was charged by indictment and convicted for the offense of assault with intent to murder. Comprehended in the indictment were the lesser charges of assault, assault and battery, and assault and battery with a weapon. As to these lesser offenses, the statute provides a rule of evidence which allows any person on trial for such offenses to give in evidence any opprobrious words or abusive language used by the person assaulted at or near the time of the assault, etc., and such evidence shall be good in extenuation or justification, as the jury may determine. Code 1923,…