Hardy v. State

The plaintiff in error was convicted of assault with intent to murder. In the brief filed by his attorney it is insisted that the evidence does not show that the knife used was a weapon likely to produce death, and that the evidence also fails to show malice or intent to kill, and therefore the judgment is without evidence to support it, and should be set aside. The motion for a new trial contains the general grounds only. It is true that “wñen it is charged in the indictment that the assault was made with a weapon likely to produce death, the character of the weapon enters into a description…