Grayhouse v. State

On an indictment for assault with intent to murder the defendant was convicted of assault and battery. The defendant moved for a new trial on the general grounds and on one special ground. The court overruled the motion and the defendant excepted.-

1. First we consider the special assignment of error. This presents the question whether the court erred in not declaring a mistrial on timely motion by the defendant because of certain alleged questions by the solicitor-general and responses from a State’s witness as follows: “Where did you spend the night last night?” “I was up to the jail.” “How…