State v. Johnson
North Dakota Supreme Court
Error to District Court, Cass County; McConnell, J. Charles Johnson was indicted for assault with intent to kill. The J ury found him guilty of assault with intent to do bodily harm. He was sentenced for the first named crime, and brings error.
1Opinion of the CourtWallin, J.
Plaintiff in error was tried and convicted in the District Court upon an information charging him, in effect, with feloniously committing an assault and battery, while armed with a deadly weapon, “with intent to kill.” The verdict is as follows: “We, the jury, find the defendant guilty of the crime of assault *151and battery with intent to do bodily harm as charged in the information, and recommend him to the mercy of the court.” When the prisoner was brought into court for sentence, his counsel appeared and objected to any sentence being pronounced against the prisoner for “any other or higher…
2Cases cited7 opinions
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3Cited by20 opinions
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