Broadway v. State

The appellant was indicted on a charge of assault with intent to murder and convicted of assault and battery.

Without dispute in the evidence the accused, a white man forty-two years of age, assaulted a Negro man, eighty-two years old.

There is a strong indication that the parties were drinking.

The sufficiency of the evidence to sustain the judgment of conviction is raised only by the motion for a new trial. Under no aspect of the evidence is this position meritorious. In fact, on the basis of the appellant's testimony solely, it can hardly be said that he was legally justified in committing…