Garrity v. People

Plaintiff in error and Charles Weed were indicted for an assault upon Benjamin G. Buchanan with intent to commit robbery. At a subsequent term of the court Garrity was separately tried, and the jury found him guilty, and fixed the time he should serve in the penitentiary at the period of six years. The court overruled the motion for a new trial, and pronounced judgment on the verdict, and that decision is assigned for error.

After a careful consideration, we are of opinion, all the members of the court concurring, that the evidence fails to sustain the verdict. There is no direct testimony,…