State v. . Davis

The two questions to be decided are, whether the facts found amount to felony in point of law, and, if they do, whether they (272) are set forth in the indictment in a sufficient manner to warrant the Court in pronouncing judgment against the prisoner.

1. The finding of the jury fixed upon the prisoner all the essential circumstances to constitute a felony, and excepts this case from the operation of the principle relied upon in his behalf. It not only comes within the reason of the exception to the general rule, but is one of the very cases put in the books to illustrate the rule and define…