Lynch v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of an assault with intent to murder. As usual, there are two theories presented by the evidence. That for the State discloses that about 11 o’clock at night the alleged assaulted party, Tilley, constable of the precinct in which the village of Moody is situated, was sitting in an ice-cream parlor. One or more shots and some yelling was heard out on the street. He immediately left the room, got on Ms horse, and went in the direction of the noise. This was 200 or more yards distant. Tilley testified that in galloping up the street, and when he…