
    McConnell v. The State.
    Submitted April 15,
    Decided April 25, 1901.
    Indictment for assault with intent to murder. Before Judge Henry. Floyd superior court. March 26, 1901.
    
      John W. Bale, for plaintiff in error.
    
      Moses Wright, solicitor-general, contra.
   Cobb, J.

Under the evidence disclosed by the record, a verdict for assault with intent to murder was unauthorized. Taking the testimony most strongly against the accused, it did not warrant a conviction for any higher offense than that of stabbing.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.  