Kercheval v. State

This was an information against the appellant for an assault and battery upon one Levi Cutts. Other persons were included in the information as defendants, but .this case concerns the appellant alone.

No question is made as to the sufficiency of the information. Upon a trial by jury, the defendant was found guilty. He moved the court for a new trial, which was refused, and final judgment rendered against him. The error assigned is ■the overruling of the motion for a new trial.

On the trial of the cause, the defendant offered to prove "that a felony had been committed in the neighborhood within…