Mills v. State

The defendant Robbie F. Mills was indicted for an assault with intent to murder committed upon W. M. Fields. He was found guilty as charged and his penalty was fixed at from two to five years in the penitentiary. His motion for a new trial, based upon the usual general grounds and one special ground, was overruled and he excepted.

The special ground of the motion for a new trial assigns error upon the refusal of the trial court to charge, as requested in writing before the jury retired, the provisions of Code § 26-404, which provides: “A person shall not be found guilty of any crime or…