State v. White

*128The opinion of the court was delivered by

Miller, J.

The defendant, convicted of shooting with intent to murder, moved in arrest of judgment, on the ground that Sec. 792 of the Revised Statutes, under which he was indicted, had been repealed by the Act of the Legislature, No. 59 of 1896. The mofion in arrest of judgment was sustained, and the State appeals.

The Aci of 1896 repeats the language of Sec. 792 in defining the offence of assault with intent to murder, but while the section limits the punishment to two years, the Act of 1896 fixes the maximum imprisonment at twenty years. With this…