State v. Kittle

Citations

• 70 Kan. 241
• 78 P. 407
• 1904 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Assault with Intent to Kill — Instructions Concerning Inferior Offenses. Where a defendant, prosecuted upon a charge of shooting complainant with intent to kill him, testifies that he fired the shot by which the latter was wounded, but did so in self-defense when assailed by him, for the sole purpose of frightening him, without intending to kill, or even to hit him, it is error to omit to instruct upon assault and battery as well as upon the felony charged, when instructions relating to such misdemeanor are asked by defendant.</p>