Arrington v. State

RICE, Judge.

The indictment charged, correctly, “assault with intent to murder,” in a single count. The jury’s verdict found appellant (defendant) “guilty as charged.” Judgment and sentence followed, accordingly. We think neither the verdict nor judgment rightfully subject to misconstruction. They are as definite as the law seems to require. See Baldwin v. State, 204 Ala. 91, 85 So. 304. Certainly the sentence cannot be misunderstood.

Appellant was an officer of the law —policeman of the town of Clio. By his own admission he liad “taken a drink” (of whisky, it is apparent). While under the…