Johnson v. State

The defendant, Henry J. Johnson, was in-dieted for assault with intent to murder. Upon the trial the jury returned a verdict finding him guilty as charged and fixed his punishment at not less than two years and not more than three years in the penitentiary. The defendant’s motion for a new trial, based upon the usual general grounds and one special ground, was overruled and he excepted.

Under one phase of the evidence and the defendant’s statement to the jury, the jury was authorized to find that H. C. Hammond, a policeman of the City of Atlanta, had arrested the defendant for a criminal…