Elliott v. State

Warner, Chief Justice.

The defendant was indicted for an assault, with intent to murder. On the trial of the case the jury found the defendant guilty. A motion was made for a new trial on the several grounds stated in the motion therefor, as contained in the rule nisi. First, because the verdict of the jury was contrary to law. Second, because the verdict of the jury was contrary to the evidence, and decidedly against the weight of the evidence. Third, because the Court erred in charging the jury, and in refusing to charge the jury as requested as set forth in the motion for a new trial. The…