Kennedy v. State

The defendant, Loyd Kennedy, and William Pillow were jointly indicted in the Circuit Court of, Maury County for unlawfully and feloniously committing an assault on the body of Ray Austin with- intent to commit murder. On their trial Pillow was acquitted, and Kennedy was convicted of an assault with intent to commit murder in the second degree and his maximum punish ment fixed at not more than five years in tifie penitentiary. He fias appealed in error to this Court, and although, counsel were present and had the opportunity of orally presenting’ the case, the record was submitted on briefs.

The…