MR. CHIEF JUSTICE FULLER delivered the opinion of the court.
Jacobi was convicted in the City Court of Montgomery, Montgomery County, Alabama, on an indictment for criminal assault, and the judgment against him was affirmed by the Supreme Court of that State. 32 So. Rep. 158. To revise that judgment this writ of error was brought.
The conviction was the result of a second trial of the case, and the alleged victim of the assault, who had testified at the first...
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