Richardson v. State

This was a prosecution charging the appellant with having perpetrated an assault and battery upon Elihu Ervin. Conviction. ' ■

On the trial, the State gave evidence of an assault and battery committed by the defendant upon the person of Elihu Ei’vin, and aftenvard offered evidence of a subsequent, but distinct and separate, assault and batteiw, perpetrated by the appellant upon the same person. To the latter evidence, the defendant at the proper time objected, on the ground, in substance, that the State, having given evidence of the first assault and battery, had thereby elected to put…