McClary v. State

William McClary, the appellant, was, at the October term, 1880, indicted for an assault and battery upon one Charles Y. Jones with the intent, maliciously and premeditatedly, to kill and murder him, the said Jones. A jury found him guilty as charged, fixing his punishment at a fine of one dollar and imprisonment in the State’s prison for a term of two years. A motion for a new trial being first considered 'and denied, judgment followed upon the verdict.

At the commencement of the term of court at which the indictment was returned, the appellant was in the custody of the sheriff upon a charge…