Frolich v. State

The appellant was put upon trial, on an indictment containing two counts. The first count charged him with an assault and battery upon one Reuben Taylor, with intent, purposely, and with premeditated malice, feloniously to kill and murder the said Taylor. The second count charged him with an assault and battery upon said

*214Taylor, with intent, feloniously, purposely, and maliciously to kill and murder him.

The following verdict was returned, viz.:

“We, the jury, find the defendant guilty of an assault and battery with intent to commit murder, as charged in the indictment, and assess his punishment…