State v. Barnett

Fellows> C. J.

This is an indictment for assault with intent to kill. Trial was had before a jury in the Superior Court for the County of Oxford. The verdict was guilty. The case now comes before the Law Court on exceptions by the respondent to the refusal of the justice presiding to give a certain requested instruction. There were no exceptions taken to the charge as given, and the only question presented is whether there was error in this refusal.

There were conflicts in the testimony, but the jury would be warranted in the belief that on February 18,1954 the respondent, Elwin L. Barnett, of…