Cutler v. State

— This was a prosecution for an assault, commenced in the White Circuit Court, and taken by a change of venue to the court below.

After a verdict of guilty was returned by a jury, the defendant moved the court for a new trial, for the alleged cause, that the evidence was not sufficient to sustain the verdict, but the motion was overruled, and there was judgment on the verdict.

The overruling of the motion for a new trial is assigned for error here.

On the trial James E, Montgomery, the prosecuting witness, testified:

“ I am acting as constable in Union township of White county, where I live; was…