Gillespie v. State

At the November term, 1856, Gillespie was indicted in the Howard Circuit Court for an assault and battery on one Hwrley, with intent to murder. At the May term, 1857, there was a jury trial, and a verdict finding the defendant guilty of a simple assault and battery; but not guilty of the intent to murder. Fine, 75 dollars, and six months’ confinement in the county jail.

Several motions in arrest, and to discharge the prisoner, &c., were made and overruled, and the ruling excepted to. Gillespie appeals.

The errors assigned are—

1. The Court erred in overruling the motion in arrest.

2. ' In…