Cole v. State

Brott.es, G. J.

Dart Cole and his son, J. A. Cole, were jointly indicted for an assault with intent to murder. They were tried separately. J. A. Cole was convicted of a misdemeanor offense, and Dart Cole was convicted of the offense of assault with intent to murder. Each filed a motion for new trial, which was overruled by the court. In each case the evidence, while conflicting, authorized the verdict.

In J. A. Cole’s case the sole special ground of the motion for new trial complains, first, of the admission in evidence of a pair of shoes identified as the shoes of Dart Cole; and second, of a…