Bedell v. State
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hod. J. A. Orr, Judge. The plaintiff in error was indicted for an assault -and battery with intent to kill one William Steel, at the August term, 1873, of the circuit court of Colfax county; at the August term, 1874, he was tried, and the jurj1 returned a verdict as follows : “ Guilty of assault in an attempt to commit manslaughter,” and the court sentenced him to two years’ imprisonment in the penitentiary.
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Error to the Circuit Court of Colfax County. Hod. J. A. Orr, Judge. The plaintiff in error was indicted for an assault -and battery with intent to kill one William Steel, at the August term, 1873, of the circuit court of Colfax county; at the August term, 1874, he was tried, and the jurj1 returned a verdict as follows : “ Guilty of assault in an attempt to commit manslaughter,” and the court sentenced him to two years’ imprisonment in the penitentiary. A motion was made for a new trial, which was, by the court overruled, and the case came to this court on a writ of error. 1. The defendant was…
1Opinion of the CourtSimraUj, J.
The indictment charges an assault with intent to kill and murder. The -jury found the defendant guilty of an assault in attempt to commit manslaughter. If the latter offense is included in the former, the conviction is right. In Brantley v. the State (1850), 13 S. & M., 470, the first count was “with intent to murder”' (as in this case); the second count was for an assault and battery. The verdict was guilty on the second count, and the question was, what, if any, sentence could be pronounced. The conviction was sustained under the statute providing that when the offense charged consists of…
2Cases cited1 opinion
- Barcus v. StateMississippi Supreme Court · 1873
3Cited by9 opinions
- Callahan v. StateMississippi Supreme Court · 1982
- Hailey v. StateMississippi Supreme Court · 1988
- State v. ShawMississippi Supreme Court · 2004
- Hye v. StateMississippi Supreme Court · 2015
- Sanders v. StateMississippi Supreme Court · 1985
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