Alexander v. State

Taylor, C. J.:

The plaintiff in error was indicted, tried and convicted at the Fall term, 1897, of the Circuit Court for Leon county of the crime of assault with intent to murder, and sentenced to the penitentiary for three months, and comes here by writ of error.

The indictment alleged the date of the commission of the offense to have been the 5th day of September, A. D. 1897. The trial took place on December 6th, 1897. The language of the witnesses as to the time of the occurrence was that it took place “on the fifth Sunday in September last.”

The only assignment of error insisted upon here is…