Hollingsworth v. State

Appellant-defendant was indicted in one count for an assault upon Captain William H. Duke, with the intent to murder him, and in another count for unlawfully threatening, harming, or causing injury to a law officer actively engaged in the performance of his duty.

In response to a motion to compel an election, the State struck the second count and the case proceeded through the trial to a verdict under Count I, the count charging an assault with intent to murder.

The jury found defendant guilty of an assault and fixed his punishment at a fine of five hundred dollars. The court imposed additional…