Small v. State

At the October term of the Circuit Court held in and .for the county of Marion in the year A. D. 1888, the plaintiff in error, Joe Small, was indicted for an assault with a loaded pistol upon Elijah Ferguson, with a premeditated design to effect his death, and charging him with being guilty of an assault with intent to kill and murder. At the same term of the court the defendant was tried and found guilty. The counsel for defendant moved for a new trial upon several grounds, among which are the following :

“ Because the verdict of the jury is contrary to the evidence, and without the evidence…