Wilson v. People

Plaintiff in error was indicted for an assault upon one-Lazarus Cumbo, with intent to murder him. Under instructions from the court authorizing such a finding, the jury brought in a verdict of guilty “ of au assault with intent to kill.” On this verdict sentence was given' of imprisonment in the state prison. Error is assigned on this sentence, as well as upon other matters, and the principal question is whether the verdict authorized it.

The statutes of this state do not expressly provide, as those of some other states do, for the punishment of assaults with intent to kill. They punish…