Judgment reversed on the law and a new trial ordered. Appeal from orders dismissed.
It was error to charge the jury that an attempt to use an instrument likely to produce grievous bodily injury constituted an assault in the second degree. It was for the jury to say whether, under the circumstances which they found to exist, an attempt to use the pipe or its use was with specific felonious intent to produce grievous bodily injury and constituted an assault in the second...
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