Miller v. State

The indictment in this case charged the appellant (defendant in the court below) with the offense of an assault with intent to murder, and 'under an indictment of this character a conviction may be had of a simple assault, or an assault and battery. On the trial in the court below the accused was convicted of an assault and battery, and was duly sentenced to hard labor for the county. From the judgment of conviction, he appealed.

No brief has been filed for appellant, and we will discuss the exceptions reserved upon the trial in the order in which they appear in the record.

The first exception…