Kennedy v. State

Plaintiff in error was indicted for an “ assault with intent to kill,’’'under an act of February. 10, 1832, (Thompson’s Dig., 490,) the punishment for which is’ prescribed to' be “ by a fine not exceeding one thousand dollars, or imprisonment., not.exceeding six.;months;,cat the;discretion:of the *636jury.” Accused was tried in April, 1875, and sentenced, upon conviction, to imprisonment in the State prison.

The statute of 1868, relating to crimes and punishment, provides that any crime punishable by death or imprisonment in the State prison is a felony, and every other offense is a misdemeanor.

The…