Nelson v. State

Hoifier Nelson was convicted of an assault with intent to murder. He made a motion for a new trial on the usual general grounds, and on the following special grounds: (1) that the evidence does not show that the weapon used in the assault was a weapon likely to produce death; (2) that the evidence does not show that he intended to kill, at the time he made the assault.The motion was overruled.

The material evidence is substantially as follows: The person assaulted was a white boy, 16 years of age. At the time of the assault he was running an elevator in the building of the Atlanta…