Rutledge v. State

J. H. Rutledge, plaintiff in error, defendant in the trial court, was charged and convicted for the offense of assault with intent to kill his son-in-law, W. J. Berryhill, with his punishment fixed at confinement in the state penitentiary for a term of one year and a day.

The Attorney General has confessed error in this case, and only that assignment of error upon which the confession is based will be considered.

The defendant and his sons, Jess Rutledge and Lloyd Rutledge, and W. J. Berryhill, the person assaulted, resided in the southeastern part of the city of Ardmore. Berryhill lived just…