49 Mich. 330 | Mich. | 1882
The respondent has been convicted of an assault with intent to kill and murder one Nicholas Drew.
It appears from the record that in October, 1881, Drew was in the employ of the Grand Rapids & Indiana Railroad Company and was sent with a party of men to repair what was known as the “ Moon Spur” to that road at Big Rapids. This spur is a side track connecting with the Moon mill.
It follows that the conviction must be set aside and a new trial ordered.