Lewis v. State

Walter Lewis was convicted on the charge of assault with intent to murder by cutting and stabbing his wife with a knife, alleged to be an instrument likely to produce death. His *504motion for a new trial was overruled, and he excepted. The 5th ground of the motion is the only ground which seems to this court to be meritorious, and we deem it unnecessary to deal with the other assignments of error- in detail. This ground complains that the court committed error "in failing to charge the jury as to the statutory offense of stabbing contained in section 114 of the Penal Code,” and that "the jury…