Fitzpatrick v. People

Frank Fitzpatrick was jointly indicted with one Montgomery, for an assault on the person of Cynthia Morrison, with intent to commit a rape upon her. On the trial Montgomery was acquitted, but Fitzpatrick was found guilty, and by the verdict, the time he should serve in the penitentiary was fixed at five years. Motions for a new trial and in arrest of judgment were severally overruled, and judgment pronounced in accordance with the verdict. By the judgment of the court, the imprisonment of defendant was to commence at the expiration of the sentence and imprisonment pronounced against him in…