Rose v. State

The information upon which the appellant was tried and convicted charges him with an assault and battery with intent to murder. The verdict returned by the jury reads thus: “ We, the jury, find the defendant guilty and assess his fine at $275, and that he be imprisoned in the county jail three months.” The appellant moved for a venire de novo, to set aside the verdict upon the ground of uncertainty, and in arrest of judgment. These motions were overruled and exceptions properly reserved.

It is undoubtedly the law" that where a verdict finds a defendant guilty in a case where the indictment „…