Harris v. People

Plaintiffs in error, hereinafter referred to as defendants, together with one Goff, were accused of committing an assault with a deadly weapon upon one Donna L. McDermott with intent to commit a bodily injury upon her. A similar charge was filed against defendants in which James Russell was the alleged victim. The two cases were consolidated for trial by consent of the parties. They waived a trial by jury and having entered a plea of not guilty the consolidated cases were tried to the court. Defendants were adjudged guilty and sentenced to a term of not less than three nor more than five years in the state penitentiary. The third defendant, Goff, was tried separately.