Anthony v. State

Clayton, J.:

This was an indictment, under our statute, against the prisoner for an assault and battery upon a white person, with intent to kill. He was found guilty and sentence of death pronounced upon him ; whence the case comes to this court.

The first statute which relates to this offense is very general, and declares it to consist of an assault and battery upon a white person, with intent to kill. Hutch. Code, 521, § 52. A subsequent statute is more definite, and, by way of amendment, enacts that this clause, when the killing does not actually occur, shall be so construed as to render the…