Montgomery v. State
Montgomery v. State
Opinion of the Court
The accused was convicted of assault with intent to murder the prosecutor, and excepts to the judgment overruling his motion for a new trial. In addition to the usual general grounds, he excepts to the omission of the court to charge on the subjects of good character and mutual combat. There was evidence tending to show that the accused and others were engaging in loud and profane language on a public highway at night, when the prosecutor warned them of the approach of females; that the accused resented- such interference, and responded to the prosecutor with certain opprobrious words; that the prosecutor thereupon struck the accused with his fist, whereupon the accused and his companions all drew -knives and assaulted, stabbed and cut the prosecutor, .inflicting a
The opinion of the court as announced in the’headnotes needs no further elaboration.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.