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MARKHAM v. STATE

No. 37547.

209 Miss. 135 (1950)

46 So.2d 88

MARKHAM v. STATE.

Supreme Court of Mississippi, In Banc.

May 8, 1950.

Attorney(s) appearing for the Case

E.C. Barlow, for appellant.

George H. Ethridge, Assistant Attorney General, for appellee.

Hall, J.

(Hn 1) Appellant was indicted for an assault and battery with intent to kill and murder. The element of intent being absent, the trial court properly limited the jury to a consideration of appellant's guilt of simple assault and battery, and, while the proof for the state was very weak, we are of the opinion that there was sufficient evidence to carry the case to the jury on that issue.

However, the trial court refused appellant...

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