State v. Mowery

Maxwell, Judge:

Defendant was granted a writ of error to a judgment of the circuit court of Pendleton County, on a verdict of guilty, returned on an indictment charging him with having “unlawfully and feloniously” assaulted Neufer Eye.

Our statute, Code 1931, 61-2-9, creates two felony offenses — malicious assault and unlawful assault. In respect of unlawful assault, the said section 9 provides that if any person shoot, stab, cut or wound any person, or by any means cause him bodily.injury,' and “such act be done unlawfully, but not maliciously,” with intent to maim, disfigure, disable or…