82 Miss. 667 | Miss. | 1903
delivered the opinion of the court.
This was a charge of assault and battery with intent to kill and murder. The court gave, among others, the following charge for the state:
“No. 4. The court charges the jury for the state that if from all the testimony in the case they believe beyond a reasonable doubt that the defendant chased Sol. Gardner with a drawn pistol and in firing distance of said Gardner, and that the defendant further fired the said pistol in the direction of said Gardner while he was so being chased by said defendant, with intent to wound or kill him, the said Gardner, then the defendant is guilty as charged, and the jury should so find.”
Reversed and remanded.