In re McNeil

The opinion of the court was delivered by

Smith, J. :

The petitioner was convicted in the district court of Mitchell county of assault and battery. He was sentenced to imprisonment in the county jail for a term of three months and to pay a fine of one dollar, and to stand committed until the fine and costs were paid. The penalty for the offense of assault and battery is found in section 2028, General Statutes'of 1901. That section reads :

“Any person who shall assault, or beat, or wound another under such circumstances as not to constitute any other offense herein defined, shall upon conviction…