Vandermark v. People

This was an indictment in the Marion Circuit Court, against plaintiffs in error, for an assault with an intent to commit murder. A trial was had before the court and a jury, which resulted in a conviction and sentence of confinement of each in the penitentiary, for the term of one year; to reverse which, they prosecute this writ of error, and assign various errors on the record.

There seems to be no doubt, from the evidence, that Lin-ville did shoot the prosecuting witness. But it is insisted, that he shot at another person, and that it was accidental that Bird was hit. But Bird testified that…