Walker v. State

This prosecution is founded on section 9, of the act defining felonies, &c., which declares that, “ Every person who shall perpetrate an assault, or an assault and battery, with an intent to commit a felony, shall, upon conviction thereof, be imprisoned in the State prison,” &e. 2 li. S. p. 397. The charge in the indictment is that Walker, the defendant, on, &c., at, &c., committed an assault and battery on Charles Anderson, with intent him, the said Chdrles Anderson, to kill and murder, &c. Plea, not guilty. Verdict for the State. New trial refused, and judgment.

The facts are substantially…