Nesbit v. State

After having been convicted of the offense of assault with intent to murder, Nesbit made a motion for a new trial, upon several grounds, which was overruled by the court. Exception is taken to the refusal to grant this motion, but in his brief filed in this court counsel for the plaintiff in error urges only that ground which complains of the admission of testimony relating to an attempted assault upon the prosecutor, subsequent to the assault for which the defendant was indicted; hence the other grounds of the motion will be treated as abandoned. The testimony complained of in the sole…