State v. Simonis

In October, 1900, an information was filed by the district attorney, charging the defendant with the crime of “attempting to kill by means not constituting an assault. ’ ’ *112The jury disagreed on his first trial, but on the second he was found guilty, and sentenced to the penitentiary for three years, from which judgment he appeals, assigning numerous errors, the most important of which are the admission in evidence of the testimony of Doctor Merracle, and' overruling defendant’s motion, made at the close of plaintiff’s testimony, and renewed after all the evidence was in, .to direct a verdict…