Flood v. State

Plaintiffs in error were by the verdict of a jury found “guilty of the crime of assault with intent to commit a felony, as charged in the information.” The jury were unable to agree upon the punishment. The court rendered judgment upon the verdict and sentenced the defendant Arch Flood to imprisonment in the state penitentiary for a period of three years, and the defendant Mike Le Forge to imprisonment in the state reformatory at Granite for a period of five years. To reverse the judgment the defendants appeal.

The information was in two counts. .The first count charged the defendants with an…