Dolan v. State

This was a prosecution in the district court for Lancaster ■county on an information charging the crime of assault with intent to murder. A verdict was returned finding the accused guilty as charged, and a motion for a new trial having been overruled, he was sentenced to a term in the penitentiary, which he seeks to reverse by means of this proceeding. *

The only assignment which we shall notice is that the charge of the court excluded from the consideration of the jury the question of the defendant’s guilt of a lower grade of assault, and required them to convict, if at all, of the crime…