State v. Gonneion

The opinion of the court was delivered by

Gummere, Chiee Justice.

The indictment in this case contained two counts, the first charging the defendant with the crime of assault and battery, and the second charging him with an assault with intent to kill. The jury having retired to consider their verdict, returned into court and announced that they found the defendant “guilty of assault and battery with intent to scare.” The trial judge refused to accept this verdict, and sent them out again, with an instruction that they “must find the defendant not guilty, or guilty, in one of the forms as…