36 Fla. 21 | Fla. | 1895
The plaintiff in error was indicted, tried and convicted at the Spring term, 1895, of the Circuit Court for Leon county, of the crime of assault with intent to-murder, and sentenced to imprisonment in the peniitentiary for five years, and brings his case here on-writ of error.
The refusal of the court to grant the defendant’s motion for new trial is the only error assigned. The grounds of the motion for new trial were, that the verdict was contrary to law and the evidence, and because of newly-discovered evidence as presented in the defendant’ s affidavit, corroborated by the affidavit of the-newly-discovered witness as to the facts he would testestify to. The first ground of the motion for new-trial, to the effect that the verdict was contrary to law and to the evidence, is without merit. Without detailing it, it is sufficient for us to say that the evidence-in the cause, if believed by the jury, was amply supportive of the verdict found, both in fact and in law.
Touching the second ground of the motion for new trial, that of newly-discovered evidence, it wTas shown, on behalf of the State, that the defendant made an assault upon one W. I. Yason with a gun, with which he fired at Yason while Yason was in the act of freeing-one of his cows from the entanglement of a rope with which she was secured in the defendant’s field, the defendant’s mother having the cow there by Yason’s consent as a pledge to secure the payment by Yason of' damages done to her crops by his cattle. Yason testified that the defendant fired at him with his shotgun, first, and without other provocation than that of seeking to disentagle his cow from the rope with which she-was tied, and an effort on his part to remove the cow
The judgment of conviction below is affirmed.