Mayfield v. State

Tbe plaintiffs in error, hereinafter called defendants, were, with three others not before this court, pro*662ceeded against for assault with intent to do great bodily barm upon one Allen, and convicted of assault and battery. Defendants contend that tbe court erred (1) in refusing to grant them a separate trial; (2) in refusing to discharge tbe defendants; (3) in refusing to require tbe state to elect; (4) in rulings upon evidence; (5) in giving and refusing instructions.

Allen was a man about fifty-seven years of age, a vagrant wbo drifted into tbe village of Cataract and was banging around…