Martin v. State

Gray, Associate Justice.

The appellant was prosecuted for an assault with intent to murder Ed. Martin. They appear, from the evidence, to be citizens of African descent, and formerly fellow-servants. The rules of law and decision in respect to their conduct and rights are precisely the same as those to be applied to any other citizen.

Two of the points presented for our consideration arise upon the sufficiency of the indictment. After alleging *21the time and place, it charges that the accused, “ in and upon the body of one Ed. Martin, then and there being, did commit and assault, with one certain…