Pennington and Hand v. State

Long, Circuit Judge.

— The defendants, plaintiffs in error here, were tried in the Circuit Court of Holmes County, upon an indictment charging defendants with an assault with intent to murder one David G. Jones. The indictment is in two counts, the first count charges the defendants as principals in the first degree, the second count charges Jeff Pennington as a principal in the first degree and the defendant Frank Hand as principal in the second degree. Upon a trial they were convicted under the second count of the indictment.

The defense interposed by the defendant Jeff Pennington is that of…