State v. Heth

The opinion of the court was delivered by

Johnston, J.:

The appellant was charged with assaulting and wounding John Eddy Swartz with a deadly weapon, with the malicious intent to kill him. The information as drawn was intended to charge an offense under section .38 of the crimes act (Gen. Stat. 1897, ch. 100, § 39, Gen. Stat. 1889, ¶ 2159), which included offenses under other sections of the statute and of lower degrees. Conviction followed a trial, and the verdict of the jury simply found “the defendant guilty of an assault with intent to kill, as set forth in the information.” Motions for a…