Fay v. State

The plaintiff in error, for convenience referred to as the defendant, was convicted of assault with intent to kill, and was sentenced to serve a term of six months in the state penitentiary. Motion for a new trial was filed, considered, and overruled. The defendant saved the record and has appealed to this court.

The defendant was by information charged with an assault upon Genella Brewer, a school girl, by striking her with his car. J. P. Fisher, testifying for the state, stated:

“I was driving1 an oil truck in the same direction the defendant was driving; I estimated the defendant was driving…