Uley v. State

Peter Uley was indicted in the Superior Court of Liberty County for assault with intent to murder Henry 5. Bell. He was convicted of unlawfully shooting at another. His sentence was fixed at not less than one year nor more than two years with the recommendation of the jury that he be punished as for a misdemeanor. He moved for a new trial, which motion was overruled and he excepted.

The defendant contends that since, under the evidence in this case only two theories are possible: namely, that he is either guilty of assault with intent to murder as charged, or that he is not guilty, the court…