Sherman v. State

The Chief Justice

delivered the opinion of the court.

Sherman was indicted by the grand jury of Leon county for an assault with “intent of him, the said William Sherman, with a knife, with which he was then and there armed, feloniously, wilfully and maliciously, and of his malice aforethought, the said Flavius J. Christie then and there to kill and murder.”

He was tried and convicted and sentenced to imprisonment in the State Prison for five years, and to pay the costs of prosecution. To reverse this judgment a writ of error is prosecuted.

The first error assigned relates to a portion of the…