Howard v. State

Taylor, J.:

The plaintiff in error was indicted, tried and convicted at the Spring term, 1895, of the Circuit Court for Leon county, of the crime of assault with intent to-murder, and sentenced to imprisonment in the peniitentiary for five years, and brings his case here on-writ of error.

The refusal of the court to grant the defendant’s motion for new trial is the only error assigned. The grounds of the motion for new trial were, that the verdict was contrary to law and the evidence, and because of newly-discovered evidence as presented in the defendant’ s affidavit, corroborated by the…