Mathews v. State

Mathews was found guilty of an assault with intent to murder, the indictment charging that the assault was made with an instrument to the grand jurors unknown, “ the same being a weapon likely to produce death.” He moved for a new trial, on the grounds that the verdict was contrary to law and the evidence and without evidence to support it. This motion was overruled, and he excepted. It being the province of the jury to pass upon questions of fact and to determine the truth when the evidence is conflicting, this court will not disturb their finding, which was approved by the trial judge, if…