State v. Heffner

The only assignments of error brought forward in defendant’s brief relate to those portions of the judge’s charge to the jury, regarding the lesser offense of assault with a deadly weapon, as follows:

“. . . and I instruct you that if you find from the evidence beyond a reasonable doubt, the burden being upon the State to so satisfy you that on the 3rd day of December, 1967, the defendant, Tommy Heffner, with a knife, cut the throat of the witness Hazel Carter, without intent to kill or without inflicting serious bodily harm upon her, then it would be your duty to find the defendant guilty of…