Shannon v. State

Appellant was indicted for assault -with intent to kill, alleged to have been committed by shooting one W. M. Emerson. He was convicted and given a sentence of ten years in tlie penitentiary, and lias appealed.

The evidence is amply sufficient to sustain the jury’s verdict, and there appears to have been no error committed, at the trial, except that the court gave an erroneous instruction, to which appellant duly excepted. The instruction is as follows:

“2. If yon are convinced from the evidence, beyond a reasonable doubt, that the defendant wilfully and with malice aforethought shot at the…