State v. Smith

■ The appellant was prosecuted and tried in the Greene Circuit Court upon an indictment for an assault with the intent to kill. It is charged in'substance, by the indictment, that- the defendant on the 5th day of July, 1811, at the County of Greene, &e., did unlawfully, wilfully and feloniously, with a chopping axe,which was a deadly weapon, &c., make an assault upon the body of one Amanda Hancock, with the intent to kill, &e.

The evidence on the part of the State was circumstantial, no direct evidence of the assault by defendant being introduced. The defendant introduced several witnesses,…