Tracy v. State

Roberts, Chief Justice.

This is a conviction for an aggravated assault and battery by an adult male upon a female.

It is objected that there was no sufficient proof that the defendant was an adult male, and that the party beaten was a female.

It appears that the defendant appeared on the trial, and that the party beaten appeared and testified before the court and jury as a witness. In the statement of facts the defendant is spoken of as a man who kept a hotel and wore whiskers, and the party that was beaten, when spoken of as a witness, is called Haney Sheppard, whose given name is usually that…