Barnes v. State

Appellant was indicted in the circuit court of 'Washing-ton county of the crime of assault and battery with intent to kill and murder one Myer Brill. He was tried and convicted of the crime of assault and battery, and sentenced to pay a fine of one hundred dollars and thirty days in jail. Prom that judgment, appellant prosecutes this appeal.

Appellant testified that he had been informed that My-er Brill had been flirting with his (appellant’s) wife. Appellant called Brill into his place of business, and informed the latter of what he had heard, and thereupon proceeded to assault and beat Brill…