Burch v. State

Reeves, Associate Justice.

The indictment charges James Burch with an assault with intent to murder Harrison Duff. The jury returned a verdict of guilty, and assessed the punishment at two years in the penitentiary. The motion for a new trial being overruled the defendant appealed, and asks that the judgment be reversed because the verdict was contrary to the law and the evidence and not responsive to the charge of the court and for other reasons.

The statement of facts fails to show that the offense was committed in Ellis county or where it was committed.

If the witnesses, Nelson Lee and Griff…