
    Adams v. The State.
    From the Madison Circuit Court.
    
      y. A. Harrison, y. W. Sansberry, and C. D. Thompson, for appellant.
    
      y. C. Denny, Attorney General, for the State.
   Per Curiam.

was an indictment against the appellant for an assault and battery with intent to murder. On a trial by jury, the defendant was found guilty, a motion made by him for a new trial was overruled, and sentence was pronounced against him.

The third error assigned is, that the court erred in overruling the defendant’s motion for a new trial. This error is confessed by the Attorney General, and counsel for appellant do not ask a decision of the questions presented by the other assignments.

The judgment is reversed, and the cause remanded, with instructions to grant a new trial.  