Johnson v. State

1. The accused was indicted for assault with intent to murder; hut on the trial of the case, after the evidence was all in and concluded, the solicitor-general announced in open court and in the presence of the jury that the State would not insist upon a conviction for a higher offense than that of shooting at another. The court so instructed the jury, and directed them that in the event they should find the accused guilty they should find him guilty of shooting at another. The verdict rendered was: “We, the jury, find the defendant guilty, and recommend mercy.” This verdict was received…