Lindsey v. State

— Lewis Lindsey, the appellant, was prosecuted in the court below upon an affidavit and information charging an assault and battery with intent to murder one George Tribue. A jury returned a verdict of guilty as charged, fixing the appellant’s punishment at a fine of one dollar and' imprisonment in the state-prison for two years ; and, after successively overruling motions for a new trial and in arrest of judgment, the court rendered judgment upon the verdict.

Error is assigned upon the overruling of the motion in arrest of judgment. The motion in arrest was based upon the alleged…