Barnette v. State

This is an appeal from a sentence and judgment of the Circuit Court of Jackson County, Mississippi, wherein appellant was convicted of assault and battery with intent to kill and murder Ira G. Hoye. He was sentenced to serve a term of three years in the State Penitentiary. Appellant’s motion for a new trial was overruled, and from this sentence and judgment he has appeal to this Court.

The indictment, leaving off the formal parts, is in the following language: “upon their oaths present: That JOHN S. BARNETTE late of the County aforesaid, on the 30th day of August in the year of our Lord, 1963,…