Feagle v. State

—The plaintiff in error, Drew Feagle, was indicted for an assault upon one D. P. Haltiwanger from a premeditated design to effect his death. Upon trial, the defendant was convicted of an assault with intent to murder. He was sentenced to a term of two years in the state prison and seeks relief here by writ of error.

The error assigned is the denial of the motion for new trial.

One ground of the motion for new trial urges error *15in the following instruction, which forms part of the co«||t’s general charge, to-wit: “And if you should find from the evidence that the defendant, Drew Feagle,…