State v. Springs

MORRIS, Judge.

In his charge to the jury, Judge Baley instructed as to assault with a deadly weapon with intent to kill inflicting serious injury as follows:

“The fourth thing that the State must prove beyond a reasonable doubt is that the defendant inflicted serious injury, and you have heard testimony with respect to the injuries which the witness Brooks received, and I charge you that those would constitute serious injuries.” (Emphasis supplied.)

Judge Baley also submitted the lesser offense of assault with a deadly weapon inflicting serious injury and charged that

“ . . . for you to find the…