Nelson v. State

This was an indictment against the plaintiff in error for an assault and battery with intent to commit a rape. At a term of the Circuit Court in March, 1850, there was a trial by a jury, who found the defendant not guilty of an intent to commit a rape, but guilty of a sim*250pie assault and battery. By agreement of the parties, a new trial was granted, and, therefore, the prosecuting attorney entered a nolle prosequi as to that part of the indictment which related to the intent to commit a rape. The cause was then submitted to the Court, who found the defendant guilty and assessed his fine at 50…