Cunningham v. State

Simmons, Justice.

Cunningham was indicted by the grand jury of Decatur county for the offence of assault with intent to murder. The second count in the indictment charged him with shooting at another not in his own defence or under circumstances of justification, according to the principles of the code. When the defendant was arraigned he pleaded not guilty, and filed special plea of former jeopardy. This plea averred

‘ ‘ that, at the September term, 1886, of the county court of said county, an accusation was duly made and filed against him for an assault ; and that said court had full…