Davis v. State

Simmons, Justice.

Ephraim Davis was indicted by the grand jury of Washington county for the offence of assault with intent to murder. Upon the trial of the case he was convicted. Fie made a motion for new trial on two grounds: (1) That the verdict was contrary to law and to the evidence; (2) that the verdict was wholly without evidence to support it. The case was tried by Judge Carswell, and the motion for new trial was heard and refused by Judge Hines, the present judge of the Middle circuit.

It appears, from the evidence in the case, that a warrant had been sued out against the defendant by…