State v. Braxton

On Rehearing.

BRUNO.T, J.

The defendant appealed from a conviction and sentence for the crime of shooting with intent to commit murder.

The ease was submitted to Division A, and the judgment rendered therein annulled the verdict and sentence, and remanded the ease for a new trial. On the application of the state a rehearing was granted, and the case is now submitted to the court en banc.

It is correctly stated in the original opinion that the only question in the case is whether the judge should have charged the jury, without being requested to do so, that the defendant might be found guilty of…