Phillips v. State

The accused was placed on trial for the offense of assault with intent to murder, and was convicted of the statutory offense of shooting at another, and, upon the recommendation of the jury, was sentenced as for a misdemeanor. The evidence was amply sufficient to authorize the verdict. Complaint is made of the following instructions to the jury: “Provocation by words, threats, menaces, or contemptuous gestures shall in no case be sufficient to free the person killing from the guilt and crime of murder.” The assignment of error upon this charge is that the jury were not instructed, either in…