Klein v. State

The appellant and one Pat Duffy were jointly prosecuted, by information, for an assault and battery with intent to commit murder.

A jury trial resulted in the acquittal of Duffy, and the conviction of Klein of an assault, for which a fine of fifty dollars was assessed against him.

It is insisted on behalf of the appellant, that the evidence was wholly insufficient to warrant the conviction, and this is practically conceded by the counsel for the State.

The case is, in some of its aspects, at least, a remarkable one. The information was based upon an affidavit by the alleged injured party, JohnW.…