McCarty v. State

This was an indictment against Henry McCarty and Isaac McCarty, containing two counts. The first count charged them both, as principals, with the commission of an assault and battery upon Marion Grimes with intent to murder him.

The second count charged Henry McCarty with the commission of the assault and battery upon Grimes with' the like intent, and that the appellant, Isaac McCarty, was accessory before the fact of said offence.

The defendants demanded a separate trial, and thereupon the State elected to-try Isaac first. He was thereupon put upon his trial and found guilty on the second…