Ex parte Burden
Mississippi Supreme Court
Prom the, judgment of Hon. G. Gardand Lyedd, Chancellor, on habeas corpus, admitting Chester Burden to bail. Burden, the relator, was indicted by the grand jury of, first ■district, Hinds county, for “an assault and battery with intent and in the attempt to kill and murder; ” the jury which tried him in the circuit court found him "guilty of assault and battery with intent to commit manslaughter The circuit court sentenced him to the penitentiary, treating the verdict as a…
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Prom the, judgment of Hon. G. Gardand Lyedd, Chancellor, on habeas corpus, admitting Chester Burden to bail. Burden, the relator, was indicted by the grand jury of, first ■district, Hinds county, for “an assault and battery with intent and in the attempt to kill and murder; ” the jury which tried him in the circuit court found him "guilty of assault and battery with intent to commit manslaughter The circuit court sentenced him to the penitentiary, treating the verdict as a conviction of felony. The relator appealed to the supreme court, pending which he sued out a writ of habeas corpus before…
1Opinion of the CourtWiiiteield, C. J.
The verdict in this case was in the following words: “We, the jury, find the defendant guilty of assault and battery with intent to commit manslaughter.” Under the case of Traube v. State, 56 Miss., 153, this has been determined to be a mere conviction of assault and battery; the words “with, intent to commit manslaughter” being mere surplusage. We have, therefore, a conviction of a misdemeanor. The learned circuit court, misinterpreting this verdict, held it to bo a conviction for a felony, and sentenced the defendant to six years in the penitentiary. This sentence it had no power nor…
2Cases cited8 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Windsor v. McVeighSupreme Court of the United States · 1876
- In Re BonnerSupreme Court of the United States · 1894
- In re FantonNebraska Supreme Court · 1898
- McHenry v. StateMississippi Supreme Court · 1907
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3Cited by21 opinions
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- Jaquith v. BeckwithMississippi Supreme Court · 1963
- Kelly v. DouglasMississippi Supreme Court · 1932
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