Presser v. State

The grand jury of the Hamilton Circuit Court returned an indictment against the appellant for assault and battery with intent to kill one John T. Booth. Upon the application of appellant, the venue was changed to Hancock county, where the case was tried, and the appellant convicted of an assault and battery.. The questions here presented arise upon the motion denying a new trial.

• The evidence is somewhat conflicting. That for the prosecution shows this state of facts: On the morning of the last presidential election Booth was passing from his home to his store; hearing, as he arrived at the…