Taylor v. State

The accused was indicted for the offenée of assault with intent to murder, alleged to have been committed upon the person of one Powell, by cutting and stabbing him with a pocket-knife. The jury found the defendant guilty of assault with intent to murder, with the recommendation that he be punished for a misdemeanor. The judge, as was his right,' disregarded the recommendation and sentenced the defendant to labor five years in the penitentiary. Only one of the assignments of error in the motion for a new trial is insisted upon before this court, and in connection therewith counsel asks that…