State v. Matthews

On Rehearing.

(Feb. 29, 1904.)

MONROE, J.

Having been indicted for “assault by willfully and feloniously shooting at” one Flemming, thé defendant might have been found “guilty as charged,” “guilty of an assault with a dangerous weapon,” “guilty of assault,” or “not guilty,” as the evidence submitted to the jury may have justified. In point of fact, he was found “guilty as charged in the indictment”; i. e., guilty of committing an assault upon William Flemming by willfully and feloniously shooting at him. If the jury had entertained a reasonable doubt as to whether he had shot at Flemming, but…