Batteast v. State

Appellant was convicted on a charge of assault and battery with intent to kill and murder one Douglas Smith by striking him with a piece of iron pipe approximately eighteen inches or two feet in length and was sentenced to the maximum penalty of a term of ten years in the state penitentiary. Several errors are assigned, one of which is that the verdict is contrary to the overwhelming weight of the evidence. The point was properly preserved by a motion for a new trial which was overruled by the lower court, and we are of the opinion that it is sufficiently serious to require a reversal of the…