Russell v. State

To the Court of Appeals of Alabama:

Answering your question above certified, we are of opinion the verdict set out therein is valid and sufficient.

An indictment for assault with intent to murder includes the lesser offense of assault and battery. Jones v. State, 79 Ala. 23.

The verdict will be referred to the indictment, without adding “as charged in the indictment,” or other like recital. Blount et al. v. State, 49 Ala. 381; McDonald v. State, 118 Ala. 672, 23 So. 637; Gulledge v. State, 230 Ala. 206, 160 So. 556.

Such verdict responds to all the issues presented, operating an acquittal of the…