Moon v. State

Indictment against Harvey Moon, containing a single count charging murder in the first degree. Trial. Verdict as folio ws: “We, the jury, find the defendant guilty of manslaughter, and sentence him to imprisonment in the state prison for three years at hard labor.” Motions in arrest of judgment and for a new trial overruled, and judgment and sentence upon the verdict.

It was competent for the jury to find the defendant guilty of manslaughter upon an indictment for murder; and the simple finding of guilty of manslaughter was equivalent to a finding of not guilty of murder. So far, the verdict…