Warren v. State

Ches Warren and Jack Warren were jointly indicted for an assault with intent to murder, the indictment alleging that they, with malice aforethought, and with the intent to kill and murder H. A. Meyers, did assault and beat said Meyers with “an axe, a regular club axe, and a fat lightwood pine root about 14 inches long arid about 2 inches in diameter, being weapons likely to produce death.” Upon the trial, the jury found both defendants guilty of the offense charged. Their motion for a new trial was denied and that judgment is assigned as error.

The evidence, while conflicting, authorized the…