People v. Troy

Bespondent was informed against, and convicted, under How. Stat. § 9122«, which reads:

“Any person who shall assault another with intent- to do great bodily harm, less than the crime of murder, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding eight hundred dollars, or by both, in the discretion of the court.”

The case comes to this Court on exceptions before sentence.

It appeared on the trial that on the night of May 23, 1892, two young men, by the names of Flanders and Ottobein, were engaged in a street fight. One of the parties called for…