State v. Tyndall

The only exceptive assignment of error discussed in appellant’s brief is the one addressed to the following portion of the charge:

“If you find from evidence beyond a reasonable doubt, that on this night, the 5th of September 1948, the defendant unlawfully did assault and kill the deceased Norris with malice, it would be your duty to render a verdict of guilty of murder in the second degree; but if you have a reasonable doubt of that and (if you find that on the night in question, the 5th of September 1948, at Ju Bill’s Place the defendant committed an assault upon the deceased and inflicted…