Liniger v. State

. Root, J.

Plaintiff in error was convicted of assault with intent to inflict a great bodily injury, and from a sentence of two years’ confinement in the state penitentiary appeals to this court.

1. It is argued that the court erred in its charge to the jury. The assignment in-the motion for a new trial, with relation to the instructions, is joint, and under the well-settled law in this state, if one of the instructions given is correct, the assignment is bad. Thompson v. State, 44 Neb. 366. Speaking for himself alone the Avriter views the decision with disfaA'or, but it was announced 14 years…