Smith v. State

The accused was indicted for the offense of assault with intent to murder one DeWitt by shooting him with a pistol. The jury returned a verdict in the following language, “We, the jury, find the defendant guilty of the unlawful shooting of another.” The defendant filed a motion for new trial, which was overruled; he excepted and brought his case to this court, and the judgment was affirmed. Smith v. State, 12 Ga. App. 667 (78 S. E. 134). The questions raised there control the points insisted upon here. It is insisted in the record now before us that the verdict and judgment should be set…