Tucker v. State

Under an information charging that M. A. Tucker did willfully, unlawfully, and feloniously, with intent to do bodily harm, commit an assault upon J. W. Ward, by striking and beating said J. W..Ward with dangerous weapons, to wit, a hammer and a heavy board, the jury found the defendant guilty of simple assault and fixed his punishment at a fine of $3'5. Motion for a new trial was duly filed and overruled. From the judgment rendered on the verdict he appeals.

The main, if not the only, question presented, is whether the evidence was sufficient to sustain the verdict. It appears' that the…