Heard v. State

Enoch Heard was indicted for the offense of assault with intent to murder, alleged to have been committed on Dave *91Walker by cutting him with a knife. He was found guilty, and submitted a motion for a new trial, which being overruled, he excepted. The charge was clearly made out by the evidence introduced on the part of the State; but one of the witnesses for the accused, in giving an account of the circumstances under which it is alleged that the defendant cut Walker, testified that, before he was cut, Walker rushed up to the defendant and struck him on the side of the head with his hand. The…