Eberling v. State

The appellant was prosecuted under an affidavit and information, in the September term of the Franklin Circuit Court for the year 1892, upon a charge of kidnaping one Laura Smalley. A trial by jury resulted in a verdict of guilty, upon which the court, over a motion for a new trial, rendered judgment. The assignment of error questions the propriety of the action *118of the circuit court in overruling the appellant’s motion for a new trial.

The facts in the case, as shown by the testimony of Laura Smalley, upon whose evidence the verdict of the jury must stand, if it can be sustained, are that at…