Thomas v. State

Atkinson, Justice.

Thomas was tried in the county court of Morgan county, upon an indictment charging him with an assault upon Mrs. Durdin. He was found guilty, and took the case by certiorari to the superior court, where the certiorari was overruled, to which ruling he excepted. The errors assigned in the petition for certiorari were, that the verdict was contrary to law, evidence, etc. Further, because the court erred in refusing to charge, as requested by defendant: “An assault is an attempt to commit a violent injury upon the person of another. This is the definition of an assault as…