Holmes v. State

Defendant was convicted, in the district court for Harlan county, of the crime of assault and battery, and fined *711$100 and costs. lie prosecuted error to this court, and obtained a judgment of reversal. Holmes v. State, 85 Neb. 506. Upon a second trial he was again convicted, and sentenced as before, and the record is before us for review.

It would serve no good purpose to set out the evidence, as it amply sustains the verdict of the jury. Complaint is made of the seventh, eighth, eleventh and twelfth instructions given by the court, and of the refusal of the court to give instruction numbered…