Newport v. State

— The appellant was convicted of an assault and battery on one Hieger, with intent to commit murder in the second degree, on an indictment charging .him with an assault, and battery with intent to commit murder in the first degree.

Pursuant to the punishment assessed by the jury, the court sentenced him to six years’ imprisonment in ■the State prison and to pay a fine of $100, over his motion for a new trial.

The only proper assignment of error is the action of the trial court in overruling appellant’s motion for anew trial.

The only ground stated in the motion and urged here ■as error, is the…