People v. Phipps

Plaintiff in error, Edward Phipps, was convicted in the circuit court of Macon county of the crime of assault with intent to commit murder and was sentenced pursuant to the statute to the penitentiary at Chester. The grounds relied upon for reversal of the judgment of the circuit court are, that the trial court erred in the admission and exclusion of evidence, in the giving and refusing of instructions, and in making prejudicial remarks in the presence of the jury.

Plaintiff in error and the complaining witness, Richard V. Roderick, resided in the same flat-building in the city of Decatur. It…