Maddox v. State

BRICKEN, Presiding Judge.

The appellant was put to trial upon an indictment which charged him with the offense of assault with intent to murder. Under the Statute (Title 15, Sec. 323) it was the province of the jury to find the defendant guilty of any offense inferior to the crime charged which is necessarily included in the offense charged in the indictment. Hence the jury in this case was authorized and empowered to return the following verdict, which they did. Viz: “We the jury, find the defendant guilty of an assault and battery, as embraced in the charge of the indictment, and for…