Barnett v. State

Appellants, Barnett and Russell, were charged by affidavit and information in the Marion Criminal Court of an assault and battery with the felonious intent to rob one Peter O’Hare, at said county, on July 21, 1894. Under their plea of “not guilty” they were tried and convicted of the crime alleged and, over the separate motion of each for a new trial, were sentenced *150by the court to pay a fine and be imprisoned in the State’s prison for a term of four years. From this judgment they have appealed and each has filed separate assignment of errors. Appellants, by their second and third assignments…