State v. Newton

Among the defendant’s 26 assignments of error numbers 20 and 25 involve instructions to the jury. Assignment of error number 20 is directed to the following portion of the court’s charge: “There could be no other explanation of his conduct there except the assault was made with a deadly weapon with the intent to kill, and that it constituted within the purview of the law and the statute, serious injury.”

While the above language was used while the court was undertaking to state the State’s contentions, such statement is a separate and distinct sentence and is not preceded by the words, “The…