Windle v. State

Citations

• 102 Ohio St. (N.S.) 439

Syllabus

<p>Criminal law — Shooting with intent to kill, etc. — Lesser offenses — Assault and battery and assault — Evidence governs charge to jury.</p> <p>An indictment charging, in separate counts, shooting with intent to kill and shooting with intent to wound includes the lesser offenses of assault and battery and assault, and where upon trial the evidence tends to support such lesser offense or offenses, it is the duty of the court to charge the jury with reference to such lesser offense or offenses. (State v. McCoy, 88 Ohio St., 447, modified.)</p>