
    Saxton v. The State.
    On a trial for an assault with intent to murder by shooting at another, where all the evidence points to a motive wholly disconnected with the domestic affairs and relations of the accused, and his statement attributes the assault to the report made to him by his wife of an outrage upon her by the person assaulted shortly before the assault was committed, a charge of the court which instructs the jury that if they believe the statement and give it effect, they may, in their discretion, treat the matter of it either as mitigation so as to reduce the offence to shooting at another, or as justification so as to negative the commission of any offence, is quite as favorable to the accused as any construction or view of the law will warrant. There was no error in denying the requests to charge, inasmuch as all the correct and pertinent propositions of law which they embraced were covered by the charge of the court as given. The charge was full, fair and favorable, rather than unfavorable, to the accused. There was no error in denying a new trial.
    March 14, 1893.
    Indictment for assault with, intent to murder. Before Judge Richard H. Clark. Fulton superior court. September term, 1892.
   Judgment affirmed.

Thomas J. Leetwich, for plaintiff' in error

C. D. Hill, solicitor-general, contra.  