Fooxe v. State

Opinion of the, Court delivered by

Napton, Judge.

• The appellant was indicted by the grand jury of St. Louis county fora felonious'assault, and was tried and convicted. On the trial before the criminal court, the jury retired to consider of their verdict, and on the following day returned into court,and said they could not agree. The court enquir-ed of the jury if they desired further instructions, or differed on a point of law : to which they responded in the negative. Before the jury left the court, the court, at the instance of circuR attorney, instructed the jury, “that they had the right…