Simmons v. State

Nichols, Presiding Judge.

Nathaniel Simmons was indicted for assault with intent to murder by cutting and stabbing Willie Hall. On the trial before the judge without a jury the defendant was found guilty and now assigns error on the judgment overruling his motion for new trial based on the usual general grounds only. The evidence adduced on the trial *554of the case included the positive identification by the victim, and the sole argument of the defendant is that the victim’s testimony was impeached and therefore the conviction was not authorized. There was evidence introduced tending to impeach…