Graham v. State

—Z. Graham was indicted for the crime of assault with intent to commit murder, was tried before a jmy, was convicted of an “assault with intent to murder in the second degree,” and was sentenced to *513confinement in the State prison at hard labor for a period of one year.

The first assignment argued before us is based upon the overruling of the m'otion for a new trial and the point urged is the 17th ground thereof, which is as follows :

“17. Because, the issue having been joined between the State and the defendant, and testimony on behalf of the State and the defendant having been produced, and…