Ridley v. State

The indictment charged that the defendant, with a pistol, the same being a weapon likely to produce death, did make an assault upon the prosecutor and did shoot him, etc. The evidence supports this charge. Complaint is made by the defendant that the judge failed to charge the jury on the law with respect to assault or battery. It is true that, under the rule that the greater crime includes the less, it is the duty of the judge to instruct the jury as to the principles of law applicable to the lesser offense, and that the defendant may be convicted thereof if the jury is of the opinion that he…