Newman v. State

The indictment in this case charged four defendants, jointly, with the offense of assault with intent to murder. The defendants- named in the indictment are Tom Newman, Fred Newman, Charlie Newman, and Joe Hurst. It is averred that they “unlawfully and with malice aforethought did assault Jessie Caldwell with the intent to murder him, etc.” Upon the trial of the ease each of these four defendants was convicted of an assault and battery. Judgment of conviction was duly pronounced and entered, from which this appeal is taken.

It appears from the evidence, without conflict, that on Sunday…