Bailey v. State

On writ of error to a conviction of assault with intent to commit manslaughter it is contended that the evidence does not support the verdict.

The bill of exceptions states that the prosecuting witness testified that “the defendtnt, Ned Bailey, came upon him and drew an ax on him and told him that if he ‘Cheaped/ meaning Thompson, he Avould split him open with the ax, and that the defendant was over him with the ax drawn, but did not strike him, and did not strike at him even, and the said Ed Bailey and the said J. I. Thompson were alone in the woods, and that he was not prevented from…